1318 FOURTH STREET AFFORDABLE RENTAL HOUSING
Topic/Item Disposition and Development Agreement Deal Points Definitions Lessor: City of Santa Monica (“City”);
Lessee: EAH, Inc., Affiliate (“Developer”);
Collectively: (“Parties”);
Disposition of Development Agreement and Ground Lease: (“Agreement”) or (“DDA”) Development Site The project site is comprised of approximately 30,000 square feet, between Arizona Avenue and Santa Monica Boulevard, located at 1318-1320 Fourth Street in Santa Monica, CA 90401. The proposed project will bring 122 affordable rental units targeted to Santa Monica households.
Approximately 53 units will be reserved for 30% Area Median Income (AMI) households, with approximately 67 units reserved for 60% AMI households, and 2 manager units - without income reservation. 50 of the units will be set aside as Permanent Supportive Housing.
The building will have the following amenities: furnished resident common spaces; five (5) laundry rooms; a bike storage facility with storage lockers for items such as scooters, children’s bikes, car seats, helmets; landscaped open areas; an outdoor children’s play area. Utilization of the bike storage facility will be provided at no additional cost to the residents.
Permanent Supportive Housing units will be fully furnished and include: loveseat, nightstand, end table, 4-drawer chest, dining table, dining chairs, (at minimum full-sized) mattress, (at minimum full-sized) bed frame, bed bug cover.
There will be two floors of underground parking. One floor of parking inclusive of 56 spaces will be for the use of the commercial tenant to the extent required by the entitlements, and 60 parking spaces will be for the sole use of the residents and on-site staff.
The project includes approximately 19,000 square feet of ground floor commercial space. The affordable housing, together with the ground floor commercial space and two levels of underground parking, are herein referred to as the “Project.”
Good Faith
Negotiation
In case of any dispute arising from this Agreement, including any question regarding its interpretation, validity, or termination, Parties will use best efforts to resolve the dispute by good faith negotiation.
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Packet Pg. 1137 Attachment: Attachment B: DDA Term Sheet - 1318 4th St. [Revision 2] (6295 : PS3 DDA)
Local Entitlements The Parties understand and agree that the Developer is eligible to apply for a local streamlined ministerial approval process and therefore the Project is exempt from California Environmental Quality Act (“CEQA”). Both residential and commercial uses are permitted by right; however, approval of a Conditional Use Permit (CUP) is required per the Zoning Ordinance for general markets greater than 15,000 square feet in that zone.
Coastal Development
Permit
The Project is in the Coastal Zone. Developer is responsible for obtaining a Coastal Development Permit.
Predevelopment
Expenses
All predevelopment expenses will be paid by Developer; provided however, the City will provide $2,000,000 in HUD Community Project funding available to EAH for use in connection with predevelopment expenses associated with the Project.
Developer Fee Developer to receive a maximum net developer fee for the Project, subject to future modification consistent with the maximum allowable developer fee per CA LIHTC regulations at time of closing. The deferred fee can be taken ahead of the City’s share of residual receipts up to $2,239,066, which is the fee limit in the Santa Monica Housing Trust Fund Guidelines for 122 units. Please note this amount is updated annually and the amount at closing will be used. Anything more would have to come out of the Developer’s residual receipts payment.
Ground Lease Term There will be separate leases for residential and commercial. Each ground lease will have a term of 99 years, but in year 55, the rent will be reset to Fair Market Value (FMV) rent taking into account any existing affordability restrictions and based on the rents paid for comparable properties in the area. The terms of the ground leases will commence upon concurrent closing of escrow for financing the project, as more fully specified in the DDA.
Ground Lease
Rent for Residential
and Commercial
Leases
City will provide a 99-year ground lease , during first 55 years of the lease, an annual payment of $1 per year plus residual rent in the amount of the City’s Percentage of residential residual receipts; provided however, the aggregate residual rents payments shall not exceed the fair market value of residential project. For purposes hereof, City’s Percentage shall mean percentage derived from a fraction in which the principal amount of appraised value of the residential portion property is the numerator and the sum of the residential property value plus all other public agency residual receipts Loans is the denominator, multiplied by fifty percent (50%).
The annual commercial ground rent will be calculated as 6% of the commercial gross building area appraised value as of the closing date and shall be paid from commercial residual receipts. The annual commercial ground rent amount shall increase at Consumer Price Index (CPI) per year, with a floor of 2% and a ceiling of 4%. The City will receive 100% of commercial residual receipts until the annual payment equates to the annual commercial ground rent. Commercial rent
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Packet Pg. 1138 Attachment: Attachment B: DDA Term Sheet - 1318 4th St. [Revision 2] (6295 : PS3 DDA)
that is unpaid in any year shall not accrue. After the City receives the annual ground rent amount, the City and Developer will share the commercial residual receipts at a 50/50 split. The residual receipts calculations will be different for the residential and commercial.
General Partner Asset
Management Fee
Developer’s maximum yearly general partner asset management fee for the residential lease will be capped as follows:
$25,000, inflated annually at 3%.
Limited Partner Asset
Management Fee
Developer’s maximum yearly investor asset management fee for the residential lease will be capped as follows: $10,000, inflated annually at 3%.
Seller Grant Subject to appropriation, City will provide a Department of Housing and Urban Development (HUD)Community Project Funding grant to Developer in the amount of $2,000,000, the proceeds of which will be spent on predevelopment third party costs reimbursed to the Developer prior to closing. The grant will be memorialized in a grant agreement executed concurrently with the DDA.
DDA Exhibits Will include, at a minimum:
1. Legal Description
2. Supportive Services Plan
3. List of Furnishings for PSH units
4. Permanent Supportive Housing Retention Plans used by Developer
5. Lease
6. House Rules
7. Security Plans
8. List of Amenities
9. Scope of Development
10. Schedule of Development
11. Pro Forma Budget
12. Pro Forma Sources and Uses (Financing Plan)
13. Regulatory Agreement
14. Property Management Plan
15. Form of Ground Lease1
16. Memo of Ground Lease
17. Assignment of Plans and Contracts
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Packet Pg. 1139 Attachment: Attachment B: DDA Term Sheet - 1318 4th St. [Revision 2] (6295 : PS3 DDA)
18. Tenant Selection Plan
19. Reciprocal Easement Agreement between the two lease areas Project-Based
Vouchers
The Santa Monica Housing Authority will provide 50 Project-Based Vouchers (PBVs) for the Permanent Supportive Housing units in the Project.
Financing Sources Developer is required to obtain financing necessary to fully fund the Project, which includes the identified amount and date of applications:
4% tax credits and tax-exempt bonds and may include several other sources of financing, including, without limitation, funding from the State of California’s Housing and Community Development Affordable Housing and Sustainable Communities (AHSC) program and the Infill Infrastructure Grant (IIG) program. The City will agree to act together with EAH Inc. as a co-applicant with respect to any AHSC application.
Permanent Debt and
Tax Credit Equity
Developer agrees to do a solicitation process for lenders and investors to obtain most competitive pricing, terms and conditions.
Construction Bids The Developer will comply with City requirements regarding prevailing wage. Developer will provide the City with a list of subcontractors and conduct prevailing wage compliance review. Developer agrees to do a solicitation process for contractors to obtain most competitive pricing, terms and conditions, consisting of at least three General Contractor bids.
Financing Plan
Modifications
As changes are made during the predevelopment phase and prior to Project Closing, Developer shall submit to City for review updated versions of the Financing Plan reflecting any changes from prior versions submitted to the City. City and Developer shall jointly approve changes to the Financing Plan through construction loan closing. Developer and City will meet and confer if costs increase to create a funding gap. If the funding gap cannot be closed within 36 months from execution of the DDA, the City will have the right to terminate the Agreement. City can terminate the Agreement for cause if Developer is in default (subject to all applicable notice and cure provisions) of the DDA. [Note: Nov 2027 is when we are projecting to close construction financing]
Assignment of Plans
and Contracts
The City shall require the Developer to assign land use entitlements, plans, and contracts. This assignment shall survive termination of the DDA.
City Approval Rights City shall have approval rights, which shall not be unreasonably withheld or delayed, over:
a. Architect and General Contractor
b. Property Manager, Property Management Plan, Lease, Tenant Selection Plan, House Rules, Housing Retention Process, Security Plan
c. Service Provider and Services Plan
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Packet Pg. 1140 Attachment: Attachment B: DDA Term Sheet - 1318 4th St. [Revision 2] (6295 : PS3 DDA)
d. Key documents, including but not limited to the Limited Partnership Agreement and Construction Contract e. The Project’s development budget and annual operating budget f. Withdrawals from the operating and replacement reserves, consistent with the requirements of the lender/investor. g. Transfer or sale of leasehold interest, and refinancing, consistent with the requirements of the lender/investor h. Transfer of general partner, or managing general partner interest and all associated transfer documents i. Partnership and financing documents
j. Selection of any commercial tenant, commercial lease and lease terms.
Transfer or
Assignment
Developer agrees to City first approval rights over transfer or assignment that are industry standard for tax credit financed developments.
DDA Upon approval of the Term Sheet by the City Council, Developer and City staff will negotiate a Disposition and Development Agreement (DDA) containing all terms and conditions of the transaction for approval by the City Council.
The City Council reserves the right to reject the recommended DDA. The DDA will extend until at least January 1, 2028, to provide site control required for funding applications.
Tenant Selection Subject to federal and state fair housing laws and the regulatory requirements of any Project funders, the Project must utilize a City-administered waitlist – the City’s Below Market Housing waitlist to fill affordable units, and the Santa Monica Housing Authority’s waitlist to fill the Permanent Supportive Housing units, which would utilize a coordinated entry system with priority for SMPP applicants.
Security The City shall approve the Security Plan as part of the DDA. Developer is required to provide security in accordance with the Security Plan. If the city believes that the Security Plan is insufficient, the City can request a meet and confer with the Developer to reassess the Security Plan. Including without limitation that the Security Plan shall include at a minimum one year of evening and weekend security for the first year of operation. City can request a meet and confer after the first year of operation.
City Housing Trust
Funds Loan
If a funding gap should occur, City staff may approve HTF loans that comply with the underwriting criteria and loan limits within the City’s HTF Guidelines. Any request outside of these limits will be brought before City Council for approval.
Repayment of the loan would be paid from 50% of residual receipts.
City Regulatory
Agreement
The term of the City Regulatory Agreement will be 99 years from the date of the Certificate of Occupancy.
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Packet Pg. 1141 Attachment: Attachment B: DDA Term Sheet - 1318 4th St. [Revision 2] (6295 : PS3 DDA) Please attach additional pages if more space is required.
CITY OF SANTA MONICA
OAKS INITIATIVE NOTICE
NOTICE TO APPLICANTS, BIDDERS, PROPOSERS
AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,
OR OTHER BENEFITS FROM THE CITY OF SANTA MONICA
Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and information about the Initiative’s requirements. You may obtain a full copy of the Initiative’s text from the City Clerk.
This information is required by City Charter Article XXII—Taxpayer Protection. It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after the official votes, or otherwise takes official action, to award a “public benefit” to that person or entity. The prohibition applies within and outside of the geographical boundaries of Santa Monica.
All persons or entities applying or receiving public benefits from the City of Santa Monica shall provide the names of trustees, directors, partners, and officers, and names of persons with more than a 10% equity, participation or revenue interest. An exception exists for persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6), of the Internal Revenue Code. However, this exception does not apply if the organization is a political committee or controls political committees. Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12-month period.
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 months.
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Packet Pg. 1142 Attachment: Attachment C: Oaks Initiative Form - EAH Inc. (6295 : PS3 DDA) Please attach additional pages if more space is required.
CITY OF SANTA MONICA
OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.
Public benefits include:
1. Personal services contracts in excess of $25,000 over any 12-month period;
2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12-month period;
3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;
4. Non-competitive franchise awards with gross revenue of $50,000 or more in any 12-month period;
5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000;
6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12-month period; or
7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12-month period.
Name(s) of persons or entities receiving public benefit:
Name(s) of trustees, directors, partners, and officers:
Name(s) of persons with more than a 10% equity, participation, or revenue interest:
Prepared by: ____________________________Title: __________________________ Signature: ______________________________________ Date: ________________ Email: ____________________________________ Phone: ____________________
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Packet Pg. 1143 Attachment: Attachment C: Oaks Initiative Form - EAH Inc. (6295 : PS3 DDA) City of Santa Monica Levine Act Disclosure Form
CITY OF SANTA MONICA
CALIFORNIA LEVINE ACT DISCLOSURE
In 2022, California’s SB1439 extended requirements under Government Code Section 84308, also known as the "Levine Act", to prohibit City “Officers” from participating in any action related to a contract, license, permit, or entitlement if such Officer received campaign contributions totaling more than $250 within the previous twelve months, and for twelve months following the date of a final decision, from a party or participant to the proceeding, or their agent.
Section 84308(a)(4) of the Levine Act defines an "Officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “Officer” is further defined 2 Cal. Code Regs. Section 18438.1, which states:
An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;
(2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or
(4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.
A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form.
https://www.smgov.net/departments/council/
https://www.santamonica.gov/departments/rent-control
https://www.smgov.net/ /boards/.
Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? ____YES ____ NO
Name of Councilmember or City Officer: _________________________________
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Packet Pg. 1144 Attachment: Attachment D: Levine Act Disclosure Form - EAH Inc (6295 : PS3 DDA) City of Santa Monica Levine Act Disclosure Form
Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.
By signing below, you certify you also agree to disclose to the City any future contributions made to Councilmembers or other City Officers by you or your agent(s) after the date of signing this disclosure form, and within 12 months following the approval, renewal, or extension of the requested contract, license, permit, or entitlement.
I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signed: ____________________________ Date: ____________________ Print Name: _________________________ Title: _____________________ Company: __________________________
Additional Disclosures:
Please note this form is a public record and subject to a California Public Records Act request.
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Packet Pg. 1145 Attachment: Attachment D: Levine Act Disclosure Form - EAH Inc (6295 : PS3 DDA) 1318 4th Street
Disposition and Development Agreement and Ground Lease Deal Terms Item 11-A
October 8, 2024
Item 11-A
October 8, 2024
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Packet Pg. 1146 Attachment: PowerPoint Presentation (6295 : PS3 DDA) 2 Brief Background
• 122-apartment, affordable and permanent supportive housing development (Development).
• Located at 1318 4th Street, Santa Monica.
• Identified for affordable housing development in the City’s 6th Cycle Housing Element for 2021-2029.
• Request for Proposal in 2019
• Development Team led by EAH Selected in 2022
• Council provided direction on May 10, 2024, and selected the design concept for the Development
Item 11-A
October 8, 2024
Item 11-A
October 8, 2024
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Packet Pg. 1147 Attachment: PowerPoint Presentation (6295 : PS3 DDA) 3 The Development – 1318 4th Street
Development Highlights:
• LEED Gold, all electric.
• 70 Affordable Housing Apartments
• 50 fully-furnished Permanent Supportive Housing (PSH) apartments • On-site services for the PSH residents
• Wrap-around supportive services for PSH tenants
• Ground floor commercial use (approximately 19,000 square feet) • Proposed as a neighborhood-serving grocery store
• Tenant and commercial subterranean parking
• 60 for residential
• 58 for commercial
• Incomes ranging from 30% to 60% of the Area Median Income (AMI) • 50% of these are 2 and 3-bedroom apartments
Item 11-A
October 8, 2024
Item 11-A
October 8, 2024
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Packet Pg. 1148 Attachment: PowerPoint Presentation (6295 : PS3 DDA) 4 Key Deal Terms – Negotiated Revenue on Residential
• The City’s Housing Trust Fund receives 50% share of net cash flow (residual receipts) from the residential portion of the Development. • In affordable housing developments, residual receipts are the annual payments on the City Loan after all debt service and operational expenses are paid .
• Industry Standard is 50% goes towards the public lenders and the remaining 50% goes towards the development partnership.
Item 11-A
October 8, 2024
Item 11-A
October 8, 2024
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Packet Pg. 1149 Attachment: PowerPoint Presentation (6295 : PS3 DDA) 5 Key Deal Terms – Negotiated Revenue on Commercial
• The City has negotiated an annual Ground Rent for the Commercial Space.
• The annual payment amount will be calculated as 6% of the commercial gross building area appraised value as of the closing date
• The annual commercial ground rent amount shall increase between 2% and 4%.
Item 11-A
October 8, 2024
Item 11-A
October 8, 2024
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Packet Pg. 1150 Attachment: PowerPoint Presentation (6295 : PS3 DDA) 6 Key Deal Terms – Ground Leases
• Residential Ground Lease
• Ground lease will be for a term of 99 years
• Annual payment of $1 per year plus residual rent in the amount of the City’s Percentage of residential residual receipts (50% of cash flow) • Commercial Ground Lease
• The City’s Housing Trust Fund will receive 100% of commercial residual receipts until the annual payment equates to the annual commercial ground rent.
• After the City receives the annual ground rent amount, the City and Developer will share the commercial residual receipts at a 50/50 split.
Item 11-A
October 8, 2024
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October 8, 2024
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Packet Pg. 1151 Attachment: PowerPoint Presentation (6295 : PS3 DDA) 7 Key Deal Terms – Site Security
• The City shall approve the Security Plan
• EAH has provided a proposed Security Plan which includes at a minimum one year of evening and weekend security for the first year of operation. • The City can request a meet and confer after the first year to assess the Development’s security needs.
Item 11-A
October 8, 2024
Item 11-A
October 8, 2024
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Packet Pg. 1152 Attachment: PowerPoint Presentation (6295 : PS3 DDA) 8 Key Deal Terms – Tenant Selection
• Must utilize a City-administered waitlist
• City’s Below Market Housing (BMH) waitlist to fill general affordable apartments, • Santa Monica Housing Authority’s waitlist to fill the Permanent Supportive Housing apartments, which would utilize a coordinated entry system with priority for SMPP applicants.
• Subject to federal and state fair housing laws and the regulatory requirements of any Development funders
Item 11-A
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Packet Pg. 1153 Attachment: PowerPoint Presentation (6295 : PS3 DDA) 9 Construction Permanent
Tax Exempt Construction Loan $63,531,007 Permanent Loan $7,100,000 Taxable Construction Loan $22,430,767 Commercial Loan $1,549,000 Costs Deferred Until Construction $3,168,268 Affordable Housing Sustainable Communities (AHSC/State)
$30,938,381
Infill Infrastructure Grant (IIG/State) $7,500,000 Infill Infrastructure Grant (IIG/State) $7,500,000 City of Santa Monica / Federal Allocation
Award for 1318 4th Street
$2,000,000 City of Santa Monica / Federal Allocation
Award for 1318 4th Street
$2,000,000
City Housing Trust Fund Loan Request $4,271,981 City Housing Trust Fund Loan Request $4,271,981 Deferred Fee $14,428,050 Deferred Fee $14,428,050
Equity $5,504,851 Equity $55,047,512
Total $122,834,924 Total $122,834,924
Development Financing - Sources
Item 11-A
October 8, 2024
Item 11-A
October 8, 2024
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Packet Pg. 1154 Attachment: PowerPoint Presentation (6295 : PS3 DDA) 10 Next Steps
Timeline
• February 2025: Enter into the DDA to give site control needed for potential funding applications
• March 2025 (approximately): Architectural Review Board Approval • March 2025 – Affordable Housing and Sustainable Communities (AHSC) application • July 2025 – SuperNOFA (Infill Infrastructure Grant Program) application • August 2025 – Coastal Commission
• August 2025 – AHSC award
• December 2025 – IIG award
• April 2026 – California Tax Credit Allocation Committee/California Debt Limit Allocation Committee (CTCAC/CDLAC application
• August 2026 – CTCAC/CDLAC award
• February 2027 – Start Construction
• February 2029 – Complete Construction
Item 11-A
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Item 11-A
October 8, 2024
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Packet Pg. 1155 Attachment: PowerPoint Presentation (6295 : PS3 DDA) 11 Recommendation
Staff recommends City Council to:
• Adopt a finding that the actions to approve the Ground Lease and DDA for the Project (as described in the staff recommendation, below) are exempt from CEQA pursuant to CEQA Guideline section 15182 and a finding that the Project has been previously analyzed in the Downtown Community Plan Environmental Impact Report (SCH# 2013091056) and the 6th Cycle Housing Element Environmental Impact Report (SCH# 2020100575).
• Authorize the City Manager to negotiate and execute a Ground Lease and a Disposition and Development Agreement
• Authorize for the City Manager to award a grant in an amount not to exceed $2 million to be used for predevelopment costs for the Development. • Authorize for the City Manager to make a Housing Trust Fund loan not to exceed the Housing Trust Fund guidelines amount.
Item 11-A
October 8, 2024
Item 11-A
October 8, 2024
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Packet Pg. 1156 Attachment: PowerPoint Presentation (6295 : PS3 DDA) City Council
Report
City Council Meeting: October 8, 2024
Agenda Item: 12.A
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To: Mayor and City Council
From: Oscar Santiago, Director, Finance Department
Subject: Public Hearing and Adoption of Resolution Approving the California Municipal Finance Authority (“CMFA”) to Issue Revenue Bonds for the Benefit of 1634 20th Street, LP
Recommended Action
Staff recommends that the City Council:
1. Hold a public hearing under the requirements of the Tax and Equity Fiscal Responsibility Act (“TEFRA”) and the Internal Revenue Code of 1986, as amended;
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; and
3. Adopt a resolution approving the issuance of California Municipal Finance Authority bonds in an amount not-to-exceed $45,000,000 for the benefit of 1634 20th Street LP or a related or successor entity for the purpose of financing or refinancing the acquisition, construction, improvement, and equipping of a multifamily rental housing project located at 1634 20th Street, Santa Monica.
Summary
1634 20th Street LP (“Borrower”), a developer of affordable housing at 1634 20th Street in Santa Monica, has requested the City’s approval for the California Municipal Finance Authority (“CMFA”), a joint powers authority of which the City is a member, to issue revenue obligations (“Bonds”) in an aggregate principal amount not to exceed $45,000,000 to finance the project. To qualify as tax exempt facility bonds for a residential rental project pursuant to Section 147 (f) of the Internal Revenue Code and the Tax and Equity Fiscal Responsibility Act (“TEFRA”), the elected representatives of the City must approve the issuance of the Bonds at a public hearing. A proposed resolution approving the issuance of the Bonds by CMFA is included as Attachment A.
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Approval of the Bonds does not obligate the City financially in any way and it is not an approval of the Project for any other purpose.
Discussion
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The CMFA was formed to assist local governments, non-profit organizations, and businesses with the issuance of taxable and tax-exempt bonds aimed at improving the standard of living of California. The CMFA is a public entity, separate and apart from each member, and the debts and obligations of the CMFA do not constitute debts, liabilities, or obligations of the members. The City is a member of the CMFA. However, there are no costs associated with membership in the CMFA and the City will in no way become exposed to any financial liability by reason of its membership in the CMFA. In addition, participation by the City in the CMFA will not impact the City’s appropriations limits and will not constitute any type of indebtedness by the City. Outside of holding the TEFRA hearing and adopting the required resolution, no other participation or activity of the City or the City Council with respect to the issuance of the Bonds will be required.
The CMFA proposes to issue up to $45 million of tax-exempt revenue bonds for the purposes of making a loan to Borrower, a partnership of which Venice Community Housing Corporation ("Developer") and Community Corporation of Santa Monica, its joint developer, or a related person to the Developer is general partner, for: (1) the acquisition, construction, improvement and equipping of a multifamily rental housing project located at 1634 20th Street, Santa Monica, California, and (2) paying certain costs of issuance in connection with such financing or refinancing.
The Bonds to be issued by the CMFA on behalf of the Borrower will be the sole responsibility of the Borrower. The City will have no financial, legal, moral obligation, liability, or responsibility for the repayment of the Bonds. All financing documents with respect to the issuance of the Bonds will contain clear disclaimers that the Bonds are not obligations of the City or the State of California but are to be paid for solely from funds provided by the Borrower.
The Board of Directors of the California Foundation for Stronger Communities, a California non-profit public benefit corporation (the “Foundation”), acts as the Board of Directors for the CMFA. Through its conduit issuance activities, the CMFA shares a portion of the issuance fees it receives with its member communities and donates a portion of these issuance fees to the Foundation for the support of local charities. With
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respect to the City of Santa Monica, it is expected that that a portion of the issuance fee attributable to the City will be granted by the CMFA to the general fund of the City. Such grant may be used for any lawful purpose of the City.
As required by law, a public hearing notice was published in The Santa Monica Daily Press at least 7 days prior to the hearing date.
Environmental Review
The approval of the bonds is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines. The bonds are covered by the commonsense exemption which states that CEQA does not apply “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The approval of the bonds is an administrative procedure. Therefore, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
Financial Impacts & Budget Actions
The issuance of the Bonds will have no financial impact to the City other than it is expected that CMFA will provide a small portion of the issuance fees to the City. The CMFA will act as issuer and perform all necessary legal and administrative responsibilities associated with the financing. The Bonds are special, limited obligations of CMFA payable solely through the repayment of the loans from the CMFA, which repayment is used to pay the principal of and interest on the Bonds. The Bonds issued by CMFA are not an obligation of the City or any CMFA member. Neither the faith or credit, nor the taxing power of the City, any CMFA member, the State or any other political subdivision is pledged to the repayment of the Bonds.
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Prepared By: Oscar Santiago, Director
Approved Forwarded to Council
Attachments:
A. Attachment A - 1634 20Th Street LP Resolution 100824 B. Written Comments
12.A
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City Council Meeting: October 8, 2024 Santa Monica, California RESOLUTION NUMBER _______ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA APPROVING A PLAN OF FINANCE INCLUDING THE
ISSUANCE OF REVENUE BONDS BY THE CALIFORNIA MUNICIPAL
FINANCE AUTHORITY TO FINANCE AND REFINANCE A QUALIFIED
RESIDENTIAL RENTAL PROJECT FOR THE BENEFIT OF 1634 20th
STREET, LP, AND CERTAIN OTHER MATTERS RELATING THERETO
WHEREAS, Venice Community Housing Corporation, a California nonprofit public benefit corporation (the “Sponsor”), and Community Corporation of Santa Monica, its joint developer (“CCSM”), on behalf of 1634 20th Street, LP, a California limited partnership, or another ownership entity created by 1634 20th Street MGP LLC, a California limited liability company, its general partner (the “General Partner”), or by another affiliate of the Sponsor and/or CCSM (such limited partnership or other ownership entity, the “Borrower”), has requested that the California Municipal Finance Authority (the “Authority”) undertake a proposed plan of finance that includes the issuance and reissuance from time to time of one or more series of revenue bonds in an outstanding principal amount not to exceed $45,000,000 (the “Bonds”) to finance and refinance the acquisition, construction, development and equipping of a 78-unit qualified residential rental project (the “Project”) to be owned and operated by the Borrower and located at 1634 20th Street within the City of Santa Monica, California (the “City”); and WHEREAS, an “applicable elected representative” of the jurisdiction in which the Project is to be located is required to approve the proposed plan of finance for the Project under Section 147(f) of the Internal Revenue Code (“Code”); and
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Packet Pg. 1162 Attachment: Attachment A - 1634 20Th Street LP Resolution 100824 [Revision 4] (6659 : Public Hearing and Adoption of Resolution To Issue 2 WHEREAS, the City Council of the City (the “City Council”) is the elected legislative body of the City and is an “applicable elected representative” for purposes of Section 147(f) of the Code; and
WHEREAS, the Authority has requested that the City Council approve the proposed plan of finance in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the “Agreement”), among certain local agencies, including the City; and WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the proposed plan of finance for the Project; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Santa Monica, as follows:
Section 1. The foregoing recitals are true and correct.
Section 2. The City Council hereby approves the proposed plan of finance for the Project that includes the issuance and reissuance from time to time of one or more series of revenue bonds in an outstanding principal amount not to exceed $45,000,000. It is the purpose and intent of the City Council that this resolution constitute approval of the proposed plan of finance for the Project for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of a governmental unit having jurisdiction over the area in which the Project is to be located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement.
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Packet Pg. 1163 Attachment: Attachment A - 1634 20Th Street LP Resolution 100824 [Revision 4] (6659 : Public Hearing and Adoption of Resolution To Issue 3 Section 3. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby.
Section 4. The City Clerk shall forward a certified copy of this Resolution to the Authority in care of its counsel:
Ronald E. Lee, Esq.
Jones Hall, APLC
475 Sansome Street, Suite 1700
San Francisco, CA 94111
Section 5. This resolution shall take effect immediately upon its adoption.
APPROVED AS TO FORM:
Douglas Sloan, City Attorney
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Packet Pg. 1164 Attachment: Attachment A - 1634 20Th Street LP Resolution 100824 [Revision 4] (6659 : Public Hearing and Adoption of Resolution To Issue 1 David Yakobson
From: Mathew Millen <[email protected]>
Sent: Monday, October 7, 2024 8:50 PM
To: councilmtgitems; Douglas Sloan; Jesse Zwick; Caroline Torosis; Phil Brock; Lana Negrete; Oscar de La Torre; [email protected]; Christine Parra Subject: Reject 12 A/ Stop Segregation of the Pico Neighborhood Attachments: 12A.pdf; 20thHomeless.pdf
EXTERNAL
Item 12-A
October 8, 2024
Item 12-A
October 8, 2024
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Packet Pg. 1165 Attachment: Written Comments (6659 : Public Hearing and Adoption of Resolution To Issue Bonds for the Benefit of 1634 20th St, LP) Item 12-A
October 8, 2024
Item 12-A
October 8, 2024
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Packet Pg. 1166 Attachment: Written Comments (6659 : Public Hearing and Adoption of Resolution To Issue Bonds for the Benefit of 1634 20th St, LP) Item 12-A
October 8, 2024
Item 12-A
October 8, 2024
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Packet Pg. 1167 Attachment: Written Comments (6659 : Public Hearing and Adoption of Resolution To Issue Bonds for the Benefit of 1634 20th St, LP) Item 12-A
October 8, 2024
Item 12-A
October 8, 2024
12.A.b
Packet Pg. 1168 Attachment: Written Comments (6659 : Public Hearing and Adoption of Resolution To Issue Bonds for the Benefit of 1634 20th St, LP) The effect of this is that bringing an FHA claim reverses the usual burden of proof in challenging the substance of a land use regulation. The FHA makes it unlawful to "make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, or national origin." 42 U.S.C. § 3604(a). Basically, applying the employment discrimination analogy, if the plaintiff adequately pleads statistical evidence that a local government policy has caused a disparity in housing patterns along lines protected by the statute, the burden shifts to the defendant to justify the regulation.
In the context of land use regulation, this analysis reverses the burden of proof in challenging the substance of a land use regulation. In a traditional substantive due process challenge, there is a heavy burden on the plaintiff to overcome the presumption of constitutionality and establish that the regulation is irrational. Now, in an FHA case, where the plaintiff can establish that there is disparate impact, the local government has to prove that the regulation is rational.
I HA VE DONE THE RESEARCH FOR OUR CITY ATTORNEY
Of course in Santa Monica limiting the funding for low income housing projects ONLY in the Pico Neighborhood establishes the action by the City was an intentional violation of Fair Housing laws. Based on Gautreaux v. Chicago Housing Authority, 304 F. Supp. 736 (N.D. 111 1969) enforcing 296 F. Supp. 907 (N.D. Ill. 1969) and Gautreaux v. Landrileu, 523 F. Sup. 665, 674, (N.D.111. 1981);425 U.S. 284; Otero v. NY Housing Authority, 484 F.2d. 1122 (2nd Cir. 1973), United States v. Yonkers Board of Education, 624 F.Supp. 1276 (S.D.N.Y.1985). NAACP v. HUD, 801 F.2d 593(1 st Cir. 1986) , 817 F.2d 149 (1st Cir. 1987), Thompson v. HUD 348 F. Supp. 2d 398 (Md. 2005), Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (201 5), 42 U.S.C. Section 3608(e)(5) and 24 C.F.R.
1.4(b )( 1 )(iii)( &(iv) and of course Brown v The Board of Education of Topeka Kansas the City housing policy violates Fair Housing laws, this project must be rejected.
In the Yonkers court case the Court held, "While placing low cost housing in low income neighborhoods might have made perfect sense to an earlier generation of public housing officials, [Judge] Sand found it unjustifiable." The initial Housing Element was rejected because the State determined there was a "pattern of segregation" of the Pico Neighborhood and dumping more low income housing in the Pico Neighborhood "perpetuated segregation".
TELL , THE FOLLOWERS OF GEORGE WALLACE PROPOSING
ANOTHER LOW INCOME HOUSING IN THE PICO NEIGHBORHOOD
VIOLATES FAIR HOUSING LAWS AND CANNOT BE APPROVED.
4 Item 12-A
October 8, 2024
Item 12-A
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Packet Pg. 1169 Attachment: Written Comments (6659 : Public Hearing and Adoption of Resolution To Issue Bonds for the Benefit of 1634 20th St, LP) Item 12-A
October 8, 2024
Item 12-A
October 8, 2024
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Packet Pg. 1170 Attachment: Written Comments (6659 : Public Hearing and Adoption of Resolution To Issue Bonds for the Benefit of 1634 20th St, LP) Item 12-A
October 8, 2024
Item 12-A
October 8, 2024
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Packet Pg. 1171 Attachment: Written Comments (6659 : Public Hearing and Adoption of Resolution To Issue Bonds for the Benefit of 1634 20th St, LP) Item 12-A
October 8, 2024
Item 12-A
October 8, 2024
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Packet Pg. 1172 Attachment: Written Comments (6659 : Public Hearing and Adoption of Resolution To Issue Bonds for the Benefit of 1634 20th St, LP) Item 12-A
October 8, 2024
Item 12-A
October 8, 2024
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Packet Pg. 1173 Attachment: Written Comments (6659 : Public Hearing and Adoption of Resolution To Issue Bonds for the Benefit of 1634 20th St, LP) Item 12-A
October 8, 2024
Item 12-A
October 8, 2024
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Packet Pg. 1174 Attachment: Written Comments (6659 : Public Hearing and Adoption of Resolution To Issue Bonds for the Benefit of 1634 20th St, LP) Item 12-A
October 8, 2024
Item 12-A
October 8, 2024
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Packet Pg. 1175 Attachment: Written Comments (6659 : Public Hearing and Adoption of Resolution To Issue Bonds for the Benefit of 1634 20th St, LP) Item 12-A
October 8, 2024
Item 12-A
October 8, 2024
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Packet Pg. 1176 Attachment: Written Comments (6659 : Public Hearing and Adoption of Resolution To Issue Bonds for the Benefit of 1634 20th St, LP) Item 12-A
October 8, 2024
Item 12-A
October 8, 2024
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Packet Pg. 1177 Attachment: Written Comments (6659 : Public Hearing and Adoption of Resolution To Issue Bonds for the Benefit of 1634 20th St, LP) 1 David Yakobson
From: Kim Wooden <[email protected]>
Sent: Tuesday, October 1, 2024 2:34 PM
To: councilmtgitems
Subject: Application to Divide Lots
Follow Up Flag: Follow up
Flag Status: Flagged
EXTERNAL
Dear Council,
I am sure you know from a close reading of my years of emails to you, that:
I strongly oppose the application to divide lots contained in yesterday’s Agenda item 12A Also:
I strongly oppose any and all actions that promote multiple family dwellings in what have been single family zones.
I strongly oppose high rise buildings and want to return to SM’s former height restrictions. I strongly oppose the Council disregarding the livability and transit times in the City in favor of developer’s proposals to overbuild the City.
We are not props in a tourist trap.
The alleged benefit of revenue for the City is vastly overweighed by the loss of living standards, the traffic and crowds that prevent residents from enjoying the City they have invested their lives in.
Best,
Kim L. Wooden
President
To help protect your priv acy, Microsoft Office prevented auto matic downlo ad o f this picture from the Internet. 11835 W. Olympic Boulevard, Suite1210E
Los Angeles, CA 90064
Main: 310.576.6906
Fax: 310.395.0142
Email: [email protected]
Item 12-A
October 8, 2024
Item 12-A
October 8, 2024
12.A.b
Packet Pg. 1178 Attachment: Written Comments (6659 : Public Hearing and Adoption of Resolution To Issue Bonds for the Benefit of 1634 20th St, LP) City Council
Report
City Council Meeting: October 8, 2024
Agenda Item: 14.A
1 of 2
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Adoption of a Resolution Amending the Council Rules of Procedure Regarding Councilmember Discussion Items (16 items)
Recommended Action
Staff recommends the City Council:
1. Adopt the resolution amending the Council Rules of Procedure regarding Councilmember Discussion Items (16 items); 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.
Executive Summary
Pursuant to direction given at the Council meeting on September 10, 2024, the amended rules would require proposed Councilmember discussion items (16 items) to be reviewed by the City Attorney and City Manager before being placed on the Agenda.
The City Attorney would review to ensure the item requests a policy direction or action that is lawful, and the City Manager would review to ensure the policy direction or action is feasible, or reasonably possible given available resources. The City Attorney and City Manager may suggest changes to the item to bring it into compliance. The amended rules would also state that once a particular 16 item is heard and considered, the same or substantially similar item may not be placed on a subsequent Agenda for reconsideration for 12 months, unless sponsored by one of the Councilmembers on the prevailing side previously.
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Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action.
Prepared By: Douglas Sloan, City Attorney
Approved Forwarded to Council
Attachments:
A. Reso-Council Rules
B. Written Comments
14.A
Packet Pg. 1180
1 City Council Meeting: October 8, 2024 Santa Monica, California RESOLUTION NO. ____________(CCS)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING THE RULES OF ORDER AND PROCEDURE FOR
THE CONDUCT OF CITY COUNCIL MEETINGS AND REPEALING
RESOLUTION NUMBER 11585 (CCS)
WHEREAS, the Council desires to clarify and amend some procedural Rules for the preparation for and conduct of Council meetings.
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council Rules of Order and Procedure are hereby amended to read as follows:
RULES FOR CITY COUNCIL MEETINGS
RULE 1. RULES OF ORDER.
These Rules of Order shall govern the conduct of all City Council meetings, unless superseded or prohibited by federal, state, or local law. To the extent a matter is not covered by these Rules, the procedures of the City Council shall be governed by the latest revised edition of Robert’s Rules of Order. Robert’s Rules shall be subordinate to all applicable laws and these rules to the extent they are inconsistent. These rules also apply to the Council sitting as or in combination with another body, such as the Housing Authority Board, Successor Agency, or Financing Authority, and to all boards and commissions.
The City Council rules, or any one thereof, may be suspended by a vote of twothirds of the Councilmembers present.
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Packet Pg. 1181 Attachment: Reso-Council Rules (6679 : Council Rules Resolution) 2 RULE 2. TIME AND PLACE FOR HOLDING REGULAR MEETINGS.
Pursuant to the provisions of Section 611 of the Santa Monica City Charter, the City Council establishes the second and fourth Tuesdays of each month as the days for holding regular meetings of the City Council. The Council may amend the meeting calendar to add or delete a regular Council meeting. The regular meeting shall commence at 5:30 p.m. It is the intention of the City Council that all other Agenda public action items shall commence no earlier than 7:00 p.m., following the Closed Session, unless noticed otherwise on the Agenda. If any such Tuesday falls on any day designated by law by the City Council as a day for public feast, Thanksgiving or holiday, such regular meeting shall be held on the date of the regular meeting next following said Tuesday at the hour heretofore fixed or at such other day as may be fixed. The City Council Chamber in City Hall is established as the place for holding the City Council’s regular meetings.
RULE 3. QUORUM AND ACTION
In accordance with Section 614 of the Santa Monica City Charter, 4 Councilmembers shall constitute a quorum for the transaction of business. Except as otherwise provided in the Charter, or other law or these rules, action shall be taken by a majority vote of the entire membership of the City Council, that is, at least 4 votes, unless a higher number is required. However, in the case of a quasi-judicial hearing, if only 4 Councilmembers are participating, the applicant or appellant shall be entitled to request and receive a continuance of the hearing, until such time as 5 Councilmembers are participating.
Whenever any Councilmember questions the presence of a quorum, the presiding officer shall forthwith direct the City Clerk to call the roll, each Councilmember shall respond when that Councilmember’s name is called, and the Clerk shall announce the
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Packet Pg. 1182 Attachment: Reso-Council Rules (6679 : Council Rules Resolution) 3 result. Such proceedings shall be without debate, but no Councilmember who is speaking may be interrupted by a question as to the presence of a quorum.
The City Council may also establish standing committees and subcommittees of its members to address designated areas of City business on the Council's behalf and may establish ad hoc committees to formulate reports or recommendations on particular matters. Ad hoc committees must provide quarterly updates to Council, which shall be included on the Agenda by the City Clerk.
RULE 4. MEETINGS TO BE PUBLIC - EXCEPTION FOR CLOSED SESSIONS.
As required by the Ralph M. Brown Act (the “Brown Act”), California Government Code Sections 54950, et seq., all regular, adjourned regular, and special meetings of the City Council shall be public, provided, however, the City Council may meet in a Closed Session from which the public is excluded, for those purposes authorized by the Brown Act.
No Councilmember, employee of the City, or any other person present during a Closed Session of the City Council shall disclose to any person the content or substance of any communication that took place during the Closed Session unless the City Council specifically authorizes the disclosure by majority vote or unless the disclosure is required by law.
Any required public announcements following closed session shall be made by the City Attorney immediately upon the Council convening in open session following closed session. Council direction to provide authority to settle a claim or lawsuit shall not be reported out until the settlement is signed and final.
RULE 5. AGENDA.
The City Clerk shall prepare the Agenda under the direction of the City Manager
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Packet Pg. 1183 Attachment: Reso-Council Rules (6679 : Council Rules Resolution) 4 as follows:
(a) The City Manager shall consult with the Mayor and Mayor Pro Tempore in the preparation of the Agenda.
(b) Other than the City Manager, City Clerk, City Attorney (and/or their designees), Mayor, and Mayor Pro Tem, no person shall attend an Agenda preparation meeting without invitation of the City Manager.
(c) The Agenda and all available supporting documents shall be delivered to Councilmembers on the Tuesday preceding the Tuesday City Council meeting to which it pertains or as soon thereafter as possible.
(d) The City Manager may direct that any matter within the City Council’s jurisdiction be placed upon the Agenda. The City Attorney may place items on the Agenda affecting the City Attorney’s Office or litigation closed session. Any Councilmember requested substantive or discussion open session Agenda item shall be initiated as a “16 item” first to obtain Council direction (see Rule 6(x)). Councilmembers shall submit Councilmember Agenda items to the City Manager as follows: (1) for regular meetings, by noon on Monday, 8 days prior to the Council meeting, to ensure matters will be agendized for the following Tuesday; and (2) for special meetings, by 3:00 p.m. on the day at least 2 days before the day of the special meeting. Subject to Brown Act requirements, items submitted after 3:00 p.m. on the specified day will be agendized for the next regular meeting, unless the Councilmember has identified an urgency requiring that the matter be added to the current Agenda. The City Manager shall be responsible for submission of real estate, labor (except for City Attorney and City Clerk evaluations), security, and emergency closed sessions; the City Attorney shall be responsible for submission of litigation closed session items, including amicus participation items. The
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Packet Pg. 1184 Attachment: Reso-Council Rules (6679 : Council Rules Resolution) 5 City Attorney shall verify whether the requested closed session is a proper topic for closed session pursuant to the Brown Act before the item is published on an Agenda, and if not, it shall be omitted.
Proposed 16 Items shall be reviewed by the City Attorney and then the language modified, if necessary, to ensure the Item requests a policy direction or action that is lawful before being placed on the Agenda, and by the City Manager, and then the language modified, if necessary, to ensure the Item requests policy direction or action that is feasible, that is, reasonably possible given available resources. In the event there are concerns that the request is potentially unlawful or infeasible, then the City Attorney and City Manager shall work with the sponsor(s) to frame the request so that it is lawful and feasible, and still as closely as possible reflects the desired outcome of the sponsor(s).
Once a particular 16 Item is heard and considered, the same or substantially similar item may not be placed on a subsequent Agenda for reconsideration for 12 months, unless it is sponsored by one of the Councilmembers on the prevailing side previously. (See also Rule 12(g) – Motion to Reconsider.) Councilmember items placed on the Agenda may be removed or amended by the sponsor(s), with the City Manager’s approval, no later than noon on Thursday, 5 days prior to the Council meeting. Staff sponsored items may be removed from the Agenda (or postponed) by the City Manager at any time prior to the start of the applicable Council meeting and shall be announced by the City Clerk following Roll Call. The City Attorney may also remove items the City Attorney placed on the Agenda at any time prior to the start of the applicable Council meeting and shall be announced by the City Clerk following Roll Call.
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Packet Pg. 1185 Attachment: Reso-Council Rules (6679 : Council Rules Resolution) 6 Councilmember items may only be combined with other items on the Agenda by a vote of the Council. A Councilmember who wishes to combine the Councilmember’s item with another item on the Agenda may direct that the following language be included with the Agenda item: “This item may be considered with Item __.” The City Manager may combine staff items on the Agenda to ensure the public’s business is handled efficiently and conveniently.
Proposed alternatives, other than minor variations, to items or portions of items on the Agenda shall be submitted in writing to the City Clerk for distribution no later than noon the day prior to the Council meeting; any alternatives submitted after the deadline may be considered by the Council only by unanimous consent, provided they are Brown Act compliant; otherwise, the amendment along with the main item may be considered at a subsequent meeting pursuant to an approved motion to continue. (e) The City Clerk shall post the Agenda as required by the Brown Act. Copies of the Agenda shall be posted on the windows of the Santa Monica Institute room, located at 330 Olympic Drive, Santa Monica, California 90401. The City Clerk shall maintain on file in the Clerk’s office declarations establishing compliance with the posting requirements.
(f) No action shall be taken on any item not appearing on the posted Agenda unless the item is added to the Agenda in the manner required by the Brown Act. (g) Matters directed to be placed on the Agenda at the direction of Councilmembers shall be listed on the Agenda in the order of receipt by the City Clerk. (h) Written requests to the City Council shall be received and opened by the City Clerk and referred to the City Manager or the Manager’s designee and either shall be transmitted to the appropriate board, commission, or staff member, or shall be placed
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Packet Pg. 1186 Attachment: Reso-Council Rules (6679 : Council Rules Resolution) 7 on the Agenda if City Council consideration is deemed appropriate by the Mayor or City Manager. Written requests being agendized shall be scheduled for City Council consideration at the earliest convenient meeting, taking into consideration the length and content of meeting Agendas. Members of the public submitting written requests shall be advised of how their request is being handled. Councilmembers shall receive copies of those written requests that are not agendized. Agendized communications shall be listed on the Agenda in order of receipt. No communication shall be placed on an Agenda if it contains material that:
(1) Is profane.
(2) Is potentially slanderous or libelous.
(3) Advocates or opposes the candidacy of any person or party for any elective office.
(4) Is primarily an advertisement or promotion or has as a substantial purpose the advancement of any cause the major benefit of which is private and not public.
Members of the public submitting written requests to the City Council are encouraged to limit their submissions to one per meeting. (i) All electronic presentation materials intended for use at a City Council meeting, including PowerPoint presentations, videos, audio, electronic images, and electronic portable document formats (PDFs), but excluding any hardcopy document projected by an overhead projector, must be received by the City Clerk no later than noon on the day of a City Council meeting. For clarity, this rule shall not apply to a current member of a board or commission speaking on a matter within the purview of the board or commission on which the member sits.
(j) Any Councilmember or the City Manager may place an item on the Council
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Packet Pg. 1187 Attachment: Reso-Council Rules (6679 : Council Rules Resolution) 8 Agenda to present a report from a board or commission that is within the board or commission’s subject matter authority that was duly approved by the board or commission. The request and the written or electronic materials to be distributed or displayed at the meeting must be provided to the City Clerk, the City Manager’s Office, and the sponsoring Department Staff Liaison by 3 p.m. Friday, 11 days before the Council meeting. When heard, the speaker for the board or commission shall be permitted up to 10 minutes to present, unless the Council by majority vote allows for a different time. The Council may question the speaker concerning the report and presentation. The speaker shall have an opportunity to respond to comments by the City Manager and Staff. The City Manager and Staff may also provide information concerning the presentation. The presentation will not be considered an action item, but the City Manager may combine it with an action item on the Agenda, and the Council may provide direction concerning the matters raised in the presentation. Action may be taken on matters raised in the presentation, subject to Brown Act compliance.
(k) Any Councilmember planning on being absent from a Council meeting or a portion of a meeting may submit written statements on a topic on the Agenda to the City Clerk at least by noon the day of the Council meeting. The City Clerk shall publish the written statement prior to the beginning of the meeting, and the City Clerk shall read the statement into the record at the meeting. This procedure shall not apply to quasi-judicial matters, wherein Councilmembers ordinarily shall not communicate about the matter prior to conclusion of a public hearing.
RULE 6. CATEGORIES AND ORDER OF BUSINESS.
The business of the City Council shall be conducted in the order and manner specified below. The order may be changed by a majority vote of those present. The
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Packet Pg. 1188 Attachment: Reso-Council Rules (6679 : Council Rules Resolution) 9 following is the order of business:
(a) Call to Order.
(b) Salute to the Flag.
(c) Roll Call.
(d) Levine Act disclosures.
(e) City Clerk Agenda announcements and Agenda Procedural motions. (f) General Public Input. Allows members of the public to address the City Council on matters not otherwise on the Agenda that are within the City Council’s subject matter jurisdiction. State law prohibits the City Council from taking any action on items not listed on the Agenda. As a result, no formal action may be taken on any matter under this item.
(g) Public Comment for Special Agenda, Closed Session, and Consent Calendar Items Only.
(h) Special Agenda Items. This item includes the City Manager’s Report, proclamations, commendations, introductions of special guests, special meetings, appointments to the City Council and presentations and reports by other non-City public entities or legislative bodies. A Councilmember may place a proclamation or commendation on the agenda by submitting a request to the City Manager or the City Manager’s designee.
(i) Closed Session.
(j) Reports and any Additional Public Actions from Closed Session. (k) Councilmember Travel Announcements.
(l) Mayor’s highlight.
(m) Consent Calendar. The consent calendar shall consist of the approval of
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Packet Pg. 1189 Attachment: Reso-Council Rules (6679 : Council Rules Resolution) 10 minutes of previous meetings and those other items such as contracts and routine resolutions that do not necessitate a separate public hearing and which are determined in the Agenda preparation process to be relatively non-controversial. Ordinances for second reading and adoption may be placed on the consent calendar if all members of the City Council were present when the vote for first reading and introduction took place and this vote was unanimous. The consent calendar shall be considered as one item regardless of the number of matters appearing on it and may be approved by a single vote. The title to the individual consent items need not be read unless a request to do so is made by any Councilmember. Members of the public shall have no more than one opportunity to address the City Council concerning any and all items on the consent calendar. Members of the public shall be heard prior to City Council consideration of the consent calendar. Councilmembers may request to have individual matters removed from the consent calendar so that they may be heard on those matters. All matters remaining on the consent calendar may be approved by a single vote. Any items removed from the consent calendar shall be considered separately in the order of their appearance on the Agenda. Removed items may be heard immediately following the consent calendar or may be heard after the City Council concludes Closed Session or Study Session.
Councilmembers are encouraged to notify the City Manager by noon the day before the meeting that an item may be pulled for discussion or questions to Staff and request a presentation of an item on the Consent Calendar. When the Clerk calls the Consent Calendar, the Clerk shall identify those items that Councilmembers have indicated they wanted to pull (by noon the day before) and which Councilmembers have made the requests. Only those items shall be pulled for discussion, unless a Councilmember makes an additional request following the Clerk’s announcement.
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Packet Pg. 1190 Attachment: Reso-Council Rules (6679 : Council Rules Resolution) 11 (n) Public Comment on Remaining Agenda Items. Allows members of the public to have the opportunity to speak on items on the Agenda before or during the City Council’s Consideration of the item, except where a public hearing is required by law. (o) Study Session. During Study Sessions staff will present information regarding a complex matter that will be subject to Council deliberation and decisions in the future. No City Council action will be recommended or taken as part of the Study Session, other than to give direction to prepare and return with Agenda items in the future. (p) Continued Items. This item includes agendized items of a previous City Council meeting not considered at such meeting. The City Council may vote by a majority of its members to have a carry-over item placed on a subsequent Agenda as a continued item. If public comment on a continued item was concluded at the initial meeting, it shall not be repeated.
(q) Administrative Proceedings. This item includes proceedings requiring the City Council to make a quasi-judicial decision concerning an individual application or appeal.
(r) Ordinances.
(1) Second Reading and Adoption. No public comment is permitted on second readings.
(2) Introduction and First Reading.
(s) Staff Administrative Items. This category will include policy matters to be considered by the City Council or at joint meetings of the City Council, Parking Authority, Housing Authority, the Public Financing Authority and/or Redevelopment Successor Agency.
(t) Public Hearings. This item consists of public hearings required by specific
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Packet Pg. 1191 Attachment: Reso-Council Rules (6679 : Council Rules Resolution) 12 provisions of law. Public comment on a Public Hearing item shall be taken at the time the item is heard.
(u) Reports of Boards and Commissions. Boards and commissions that may present reports under this item and pursuant to rule 5(i) include, but are not limited to, all City boards, commissions, and task forces. Reports may also be provided by the Santa Monica Pier Corporation, Downtown Santa Monica, Inc., and Santa Monica Travel and Tourism. Note this subsection provides for the location or timing of these items if placed on the Agenda, not the authority to place items on the Agenda, which is addressed elsewhere in these rules.
(v) Resolutions. A resolution will be considered under this item only if its substance makes extensive public input advisable, or if it should be considered after another item on the Agenda, otherwise the resolution will be considered on the Consent Calendar.
(w) Written Communication. This item allows the City Council to consider issues raised by written submissions from the public.
(x) Councilmember Requests for Discussion (16 items) and Closed Session Items. This category consists of Councilmember requested Agenda items to provide policy direction. Action and direction may occur on these items to the extent specified in the Agenda item. Councilmembers shall submit proposed Agenda items to the City Manager, who shall consult Councilmember sponsors, the City Attorney, City Clerk, and Staff as needed. No Councilmember requested resolutions or ordinances should be developed or drafted until a majority of the Council gives direction to the City Manager and/or the City Attorney. The City Manager will work with the Councilmember to decide if the item will be placed on the Agenda or address them in other ways.
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Packet Pg. 1192 Attachment: Reso-Council Rules (6679 : Council Rules Resolution) 13 Resolutions for advocacy would be an exception.
Councilmember requests for real estate and labor closed session items shall be submitted to the City Manager, and for litigation, including amicus participation, to the City Attorney.
The City Manager and City Attorney shall notify one another when Agenda item requests are made by Councilmembers.
With the exception of appointments to boards, commissions, and other bodies, all Councilmember discussion “16 items” on the Agenda shall be considered as one item, similar to the consent calendar, regardless of the number of matters and may be approved by a single vote. The title to the individual items need not be read unless a request to do so is made by any Councilmember. When the 16 items are called, Councilmembers may request to have individual matters removed for separate consideration. All remaining matters may be approved by a single vote. Any items removed shall be considered separately in the order of their appearance on the Agenda.
RULE 7. PREPARATION OF MINUTES.
The City Clerk shall have exclusive responsibility for preparation of the Minutes, and any directions for corrections in the Minutes shall be made only by majority vote of the City Council.
RULE 8. APPROVAL OF MINUTES.
Minutes of a City Council meeting may be approved on the Consent Calendar without reading if the City Clerk has previously furnished each Councilmember with a copy and unless a reading is ordered by a majority vote of the City Council.
RULE 9. PRESIDING OFFICER.
(a) The Mayor shall be the Presiding Officer at all meetings of the City Council.
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Packet Pg. 1193 Attachment: Reso-Council Rules (6679 : Council Rules Resolution) 14 In the absence of the Mayor, the Mayor Pro Tempore shall preside. In the absence of both the Mayor and Mayor Pro Tempore, the City Clerk shall call the City Council to order and a temporary Presiding Officer shall be elected by the Councilmembers present to serve until the arrival of the Mayor or Mayor Pro Tempore or until adjournment. (b) Selection of Mayor and Mayor Pro Tempore. As required by Charter section 604, the Mayor shall be selected by the Council. The procedure for selection shall be as follows: Beginning in December 2022, the Council shall select the longest continuously serving Councilmember, whether initially elected or appointed, to serve as Mayor for a 1 year term. Each subsequent December the next longest continuously serving Councilmember shall be selected as Mayor for a 1 year term, then rotating each December to select the Mayor in order of the next longest serving Councilmember. If two or more Councilmembers were elected at the same election, the Councilmember receiving the higher number of votes shall be considered as having served longer for purposes of this provision. If two or more Councilmembers were initially appointed to serve at the same time, then when they each may first become eligible to be selected as Mayor, a coin flip shall decide who shall be considered as having served longer for purposes of this provision. The Mayor Pro Tempore may be selected by simple majority vote without regard to this provision. This provision shall not be subject to a suspension of the Council Rules, and shall be implemented until duly repealed or amended by the Council.
RULE 10. POWERS AND DUTIES OF PRESIDING OFFICER.
(a) Participation. The Presiding Officer may move, second, and debate from the chair, subject only to such limitations of debate as are imposed upon Councilmembers by these rules, and shall not be deprived of any of the rights or privileges of a
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Packet Pg. 1194 Attachment: Reso-Council Rules (6679 : Council Rules Resolution) 15 Councilmember by reason of acting as the Presiding Officer. (b) Duties. The Presiding Officer shall:
(1) preserve order at all meetings of the City Council; (2) state (or cause to be stated) each question coming before the City Council;
(3) announce the decisions of the City Council on all subjects; (4) decide all questions of order subject to the right to appeal rulings on questions of order to the entire City Council in accordance with Rule 12(d) below; and
(5) encourage all persons present at the meeting to conform their conduct to the City's Civility Policy.
RULE 11. SWORN TESTIMONY AND SUBPOENA POWER.
Any Councilmember may request that anyone appearing before the City Council on any matter shall be sworn. On receipt of such a request, all proceedings shall be suspended, and the City Council will immediately vote on whether the individual should be sworn. A majority vote of the Councilmembers present shall determine whether the speaker shall be placed under oath. All oaths will be administered by the City Clerk.
The City Council shall have the power to issue subpoenas as provided in City Charter Section 614.
RULE 12. RULES OF DEBATE.
(a) Getting the Floor. A Councilmember desiring to speak shall gain recognition by the Presiding Officer.
(b) Questions to Staff. Councilmembers desiring to question City staff shall address their questions to the City Manager, the City Attorney, the City Clerk, or
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Packet Pg. 1195 Attachment: Reso-Council Rules (6679 : Council Rules Resolution) 16 designated staff. Members of the City staff, after recognition by the Presiding Officer, shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer.
(c) Interruptions. A Councilmember who has the floor shall not be interrupted when speaking unless the Councilmember called to order by the Presiding Officer, a point of order or a personal privilege is raised by another Councilmember, or the speaker chooses to yield to a question by another Councilmember. If a Councilmember is called to order, that Councilmember shall cease speaking until the question of order is determined. Whenever any person is called to order while speaking, such person shall be in possession of the floor after the question of order is decided, and may proceed with the matter under the discussion within the ruling made on the question of order. (d) Points of Order. The Presiding Officer shall determine all points of order subject to the right of any Councilmember to appeal to the City Council. A speaker having the floor may be interrupted, when recognized by the Presiding Officer, to raise a point of order. Questions concerning procedures or other legal issues may be directed to the City Attorney for legal advice. If an appeal is taken, the question shall be: “Shall the decision of the Presiding Officer be overruled?” The Presiding Officer's decision may be overruled by a two-thirds vote of the Councilmembers then present. The City Attorney may also raise a point of order to provide advice to the Council should there be a concern about procedures, due process, or other legal issues.
(e) Point of Personal Privilege. The right of a Councilmember to address the City Council on a question of personal privilege shall be limited to cases in which the Councilmember’s integrity, character, or motives are questioned, or where the safety or welfare of the City Council is concerned. A speaker having the floor may be interrupted,
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Packet Pg. 1196 Attachment: Reso-Council Rules (6679 : Council Rules Resolution) 17 when recognized by the Presiding Officer, to raise a point of personal privilege. (f) Privilege of Final Comment. The Councilmember moving the introduction or adoption of an ordinance, resolution, or motion, shall have the privilege of speaking last on the matter after all other Councilmembers have been given an opportunity to speak.
(g) Motion to Reconsider Legislative Actions. A motion to reconsider any legislative action taken by the City Council may be made only by one of the Councilmembers on the prevailing side and may be seconded by any Councilmember.
Such motion may be made at any time and shall be debatable. A motion by a nonprevailing Councilmember or a request by a member of the public for reconsideration may be made only if one year has passed since the action was taken. (h) Calling for the Question. A question may be called by majority vote of those present. However, neither the moving party nor the party seconding any motion may call for the question, each Councilmember shall be afforded one opportunity to speak on each item before the question is called, and a question may not be called to interrupt or cut off a particular speaker.
(i) Limitation of Debate. Councilmembers shall limit their remarks to the subject under debate. Except for questions raised by another Councilmember to a Councilmember, no Councilmember shall be allowed to speak more than once upon any particular subject until every other Councilmember desiring to do so has spoken. Prior to beginning deliberation, the Council may, by a two-thirds vote of those present, limit the amount of time that each Councilmember may spend stating the Councilmember’s views on a particular Agenda item.
RULE 13. PROTEST AGAINST CITY COUNCIL ACTION.
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Packet Pg. 1197 Attachment: Reso-Council Rules (6679 : Council Rules Resolution) 18 Any Councilmember shall have the right to have the reasons for the Councilmember’s opposition to any action of the City Council entered in the Minutes.
Such opposition shall be made in the following manner: “I would like the Minutes to reflect that I opposed this action for the following reasons…” A written submission may be provided to the City Clerk to be included in the record.
RULE 14. DISCLOSURE FOR QUASI JUDICIAL MATTERS.
On quasi-judicial matters, Councilmembers shall verbally disclose off-the-record contacts relating to the item, after the item is called and before City Council consideration of the matter. Disclosure shall include the identity of any individual(s) with whom the Councilmember had contact, and the nature of the contact.
RULE 15. PUBLIC TESTIMONY.
(a) Permitted. Pursuant to the Brown Act, public testimony is permitted on all Agenda items, except ordinances for second reading or as otherwise provided in these rules, and the public shall have an opportunity to comment on any matter that is not on the Agenda but is within the City Council’s jurisdiction. However, members of the public do not have the right to give testimony outside the scope of or unrelated to the Agenda item under consideration. Additionally, members of the public should strive to avoid unduly reiterating their own or others’ testimony.
(b) Registration. Any member of the public wishing to address the City Council regarding any item on the Agenda for public discussion shall register with the City Clerk staff prior to the start of the meeting, if possible. No registrations for public input will be accepted on an item after the input period is closed.
(c) Manner of Addressing the City Council. After being recognized by the Presiding Officer, members of the public addressing the City Council shall go to the
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Packet Pg. 1198 Attachment: Reso-Council Rules (6679 : Council Rules Resolution) 19 podium, state their name and whom they represent, if they represent an organization or other person. Members of the public are encouraged, but not required, to also state their address, neighborhood, or city of residence. All remarks shall be addressed to the City Council as a whole and not to any individual member thereof. After a public hearing has been closed, no member of the public shall address the City Council on the matter under consideration without first securing City Council approval. (d) Written Public Comment. Those wishing to provide public comment are encouraged to submit it in writing via email to be viewed online. For written comments received by noon on the day of the Council meeting, best efforts shall be made to have them posted on the Council’s online Agenda. All written comments shall be made part of the public record.
(e) Time Limits. Except on Written Communication, members of the public shall limit their remarks to 2 minutes per comment section unless the City Council grants additional time by majority vote or the City Council reduces this time limit because of the large number of speakers for public comment on the particular item. The order in which members of the public provide remarks will be determined by the City Clerk, to the extent possible giving priority to K-12 students speaking on their own behalf, those limiting their time to 1 minute on an item, while members of the public using the full 2 minutes will speak afterwards. Persons speaking on another’s written communication and persons submitting late speaker requests, who receive permission to speak shall be limited to 1 minute. On Written Communication, those speaking on another’s item may speak only if the person raising the matter appears and testifies. If the person who raises the item does not appear and testify, the matter shall be received and filed and persons wishing to speak on the matter may give their testimony during Public Input. Members of the public wishing
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Packet Pg. 1199 Attachment: Reso-Council Rules (6679 : Council Rules Resolution) 20 to speak on more than one item shall limit their remarks to a total of 6 minutes per meeting unless the City Council grants additional time by majority vote. A member of the public may allocate time between items in one-minute increments up to 2 minutes. Testimony given as an applicant or appellant does not count toward the 6 minute maximum. A Board or Commission member reporting to the City Council on behalf of a Board or Commission who was duly authorized to speak for the Board or Commission shall be limited to maximum of 5 minutes to speak.
(f) Special Time Limits for Applicants and Appellants. Applicants and appellants on administrative items and public hearings shall limit their remarks to 10 minutes and may reserve some of their time for use for rebuttal at the conclusion of the public hearing. The appellant shall have the opportunity to address the City Council first and last.
(g) Special Time Limits for Special Agenda Items. Public testimony is permitted on the City Manager’s Report and Appointments to the City Council.
Proclamations, commendations, and appearances by special guests are ceremonial items. To ensure adequate time for the Council’s regular business, groups of honorees or guests, who wish to speak, should appoint one or two representatives to speak for them.
(h) Special Assistance for Those Who Cannot Wait to Speak. Members of the public, including those with special needs, who cannot wait to speak on an Agenda item may request assistance from the City Clerk, and a member of the Clerk's office will provide assistance in preparing a written statement of testimony for distribution to the City Council.
(i) Extended Time Limits for Speakers Who Require Interpreter. A member
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Packet Pg. 1200 Attachment: Reso-Council Rules (6679 : Council Rules Resolution) 21 of the public who utilizes an interpreter to provide English language translation shall receive twice the time otherwise allotted under these rules. (j) Donating Time to Another Speaker. Donations of time to other speakers may be made only if both the person donating time and the other speaker are physically present at the Council meeting. Except on Public Input, a member of the public, speaking on their own behalf, may donate 2 minutes per Agenda item to another speaker, speaking on their own behalf, and a speaker may accept one such donation from another per Agenda item. The speaker and the person donating time shall turn in their chits together, notify the Clerk of the donation, and go to the podium together. The speaker shall state both of their names and state that the speaker is speaking for both. Donated time shall not increase an individual speaker’s total time limit of 6 minutes per meeting. Any request received after the start of the hearing shall be considered late and the donor will not be permitted to donate the donor’s time.
(k) Any electronic presentation materials presented as attachments to written public comment submitted by email for viewing online must be submitted in accordance with the time deadline set forth in Section 15(d) above. Electronic presentation materials will not be accepted in connection with public comment being provided by calling in to the Council meeting. For speakers who will be physically present to provide public comment at the Council meeting, all electronic presentation materials intended for use in connection with the public comment, including PowerPoint presentations, videos, audio, electronic images, and electronic portable document formats (PDFs), but excluding any hardcopy document projected by the overhead projector, must be received by the City Clerk no later than noon on the day of a City Council meeting. All such electronic presentation materials must be emailed to the City Clerk’s Office and include the City Council meeting
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Packet Pg. 1201 Attachment: Reso-Council Rules (6679 : Council Rules Resolution) 22 date, Agenda item number, and name of the public speaker who, as noted above, will need to be present at the meeting. See also Rule 5(i).
(l) Requests for Accommodation. Requests for a disability accommodation to provide public testimony at a Council meeting should be submitted in writing to the City Clerk’s office via email at [email protected] or via telephone at (310) 458- 8211 at least 72 hours prior to the scheduled meeting. Best efforts shall be used to accommodate requests received after the 72 hour deadline. In the case of special meetings, requests should be submitted as early as possible, but no later than noon the day of the Council special meeting.
RULE 16. RULES OF CONDUCT AND SAFETY.
When the City Council is in session, all persons present, whether in person or speaking by phone, must preserve safety and order and should strive to conform their conduct to the City's Civility Policy. Members of the public who are physically present at the Council meeting should sit in the audience seating area, unless addressing the City Council or entering or leaving the Council Chambers, should not block the aisles with personal belongings and should not bring audible equipment into the Council Chambers including cellular telephones or pagers. Members of the public may not, except when testifying on or participating in an Agenda item, enter the well area, which is the open area directly in front of the dais and extending outward from it to a line running between the points on the Clerk's desk and the podium nearest to the audience. Applause, vocally or clapping, is prohibited, except for ceremonial items, or as may be invited by the Presiding Officer.
Any person who disrupts the meeting shall be called to order by the Presiding Officer. Disruption shall include but not be limited to, blocking the audience or camera
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Packet Pg. 1202 Attachment: Reso-Council Rules (6679 : Council Rules Resolution) 23 view of the proceedings. If such conduct continues, the Presiding Officer may request the Sergeant at Arms to remove the person from Council Chambers.
The Chief of Police or such member or members of the Police Department as the Chief may designate, shall be Sergeant At Arms of the City Council and shall carry out all orders given by the Presiding Officer through the City Manager for the purpose of maintaining order at City Council meetings. Any Councilmember may move to require the Presiding Officer to enforce the rules, and the affirmative vote of a majority of the City Council shall require the Presiding Officer to do so.
RULE 17. SEATING ORDER.
After each municipal election, the City Clerk shall determine City Council member seating order by drawing lots, with the exception of the Mayor Pro Tem, who shall be seated next to the Mayor. Changes in seating may be allowed by the Mayor, without requiring a vote, for good cause when those changing seats consent.
RULE 18. ENTITLEMENT TO VOTE AND FAILURE TO VOTE.
Every Councilmember is entitled to vote unless disqualified by reason of a conflict of interest. A Councilmember who abstains from voting consents to the decision made by the voting Councilmembers.
RULE 19. VOTING PROCEDURE.
Any vote of the City Council, including a roll call vote, may be registered by the members answering “Yes” for an affirmative vote or “No” for a negative vote upon the member’s name being called by the City Clerk. Voting order shall be based on seating order with each roll call vote beginning at alternating ends of the dais and the Mayor voting last.
Unless any Councilmember calls for separate votes in advance, any item on the
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Packet Pg. 1203 Attachment: Reso-Council Rules (6679 : Council Rules Resolution) 24 Agenda with related sub-parts shall be treated as one Agenda item and voted on in one motion. If the item and sub-parts receive sufficient votes for approval of some, but not all sub-parts, at the immediate request of any Councilmember, the first vote shall be nullified and Council shall then immediately, without discussion, vote on each item separately.
When the Council is making appointments to any committee, board, commission, or equivalent, the Clerk shall ask for nominations, also reciting nominations received through an application process. If applicable, nominations may include one or more positions, such as chair and vice chair, or equivalent. The Council may split the vote on combined nominations by an approved motion. After all nominations are received, the Clerk shall recite the list of all nominees. The Clerk shall then call the roll, and each member shall identify the individual or individuals for whom they are voting. After all votes are cast, the Clerk shall recite the vote. If no nominee(s) receives a majority vote, then the two nominees receiving the highest number of votes shall then be voted upon in the same manner, until a nominee(s) receives a majority vote. If no nominee(s) receives a majority vote, the Clerk shall call for additional nominations and then repeat the process.
RULE 20. DISQUALIFICATION FOR CONFLICT OF INTEREST.
Any Councilmember who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Presiding Officer state the nature of such disqualification and shall leave the dais prior to Council consideration of the matter. A Councilmember stating or having the Presiding Officer state such disqualification shall not be counted as part of a quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter.
RULE 21. TYPES OF MOTIONS.
(a) Only Councilmembers, or duly appointed members of boards sitting with the
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Packet Pg. 1204 Attachment: Reso-Council Rules (6679 : Council Rules Resolution) 25 Council, may make Motions. The City Clerk shall record all motions and read them back when requested. Upon request, the City Attorney shall assist in the formation of motions.
A Councilmember must have the floor to make a motion.
(b) Any motion that does not receive a second shall not move forward, and then another motion may be made.
(c) For noticed public hearings and quasi-judicial matters, a main motion shall not be made until public comment on the item is complete. (d) There are three motions that are most common and are usually subject to debate:
(1) The main motion. This motion puts forward a substantive decision, most frequently an Agenda item, for Council consideration. A main motion may include changes to the item as stated on the Agenda or supplemental materials.
Only one main motion may be on the floor at one time.
(2) The motion to amend. This motion seeks to modify the main motion before the Council. A motion to amend cannot be made until there is a main motion on the floor. A motion to substitute a main motion with another motion shall be treated as a motion to amend. Only one motion to amend may be on the floor at one time. All motions to amend shall be resolved prior to voting on the main motion. (3) The procedural motion. This motion is to address a rule of procedure, postpone, or take some other action. Procedural motions take priority over main motions and motions to amend. Only one procedural motion may be on the floor at one time. A “point of order” may be raised at any time, interrupting a speaker when recognized by the Presiding Officer, to make a procedural motion.
Procedural motions are debatable but not subject to public comment.
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Packet Pg. 1205 Attachment: Reso-Council Rules (6679 : Council Rules Resolution) 26 (e) The following common procedural motions shall be handled as follows:
(1) Motion to adjourn. This motion, if passed, requires the Council to immediately adjourn to its next regularly scheduled meeting. It is not subject to debate and requires a majority vote. It is the highest priority motion. (2) Motion to recess. This motion, if passed, requires the Council to immediately recess. The Presiding Officer determines the length of the recess. It is not subject to debate and requires a majority vote.
(3) Motion to fix the time to adjourn. This motion, if passed, requires the Council to adjourn the meeting at a specific time set in the motion. It is not subject to debate and requires a majority vote.
(4) Motion to table. This motion, if passed, requires the discussion of the Agenda item to be halted and the Agenda item placed on hold. The motion can contain a specific time in which the item can come back to Council. If the motion does not contain a specific time for the return of the item, a motion to take the item off the table will have to be taken at a future meeting to bring it back to the Council.
A motion to table or to bring it back to the Council requires a simple majority vote. (5) Motion to continue. This motion, if passed, requires the item to be withdrawn from the Agenda at that time and postponed either indefinitely or to a certain time and/or date, or to a time later in that meeting, as stated in the motion.
A motion to continue is debatable and requires a simple majority vote. (6) “Friendly Amendment.” This is a “request,” rather than a formal motion. The speaker asks whether the maker of the main motion would agree to amend the motion, as suggested. If agreed, and if the member providing the second also agrees, or another second is offered, then the main motion is replaced
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Packet Pg. 1206 Attachment: Reso-Council Rules (6679 : Council Rules Resolution) 27 with the amended motion. If an offer for a “friendly amendment” is rejected, then a formal motion to amend may be made.
RULE 22. CHANGING VOTE.
The vote of a Councilmember may be changed only if the Councilmember makes a timely request to do so immediately following the announcement of the vote by the City Clerk or the Presiding Officer and prior to the time that the next item in the order of business is taken up.
RULE 23. AGENDA MANAGEMENT.
At any time after roll call, the Presiding Officer may call for a motion for Agenda management to reorder or combine Agenda items or to determine when public comment may be taken on one or more items. However, public comment may be taken later, but not earlier, than the time or position shown on the Agenda. Noticed public hearings scheduled for a time certain may be heard later, but not earlier, than the time scheduled.
Such a motion shall require the votes of a majority of the Councilmembers present to pass. If such a motion is passed, the City Clerk shall call Agenda items or comment opportunity in accordance with the Agenda as modified by the motion.
RULE 24. PROCEDURE ON AGENDA ITEMS REQUIRING A MOTION.
The following procedure shall be followed in connection with any Agenda item requiring a motion:
(a) City Clerk reads the title.
(b) Presiding Officer calls for a staff report.
(c) Councilmembers question City staff.
(d) City Council conducts Public hearing.
(e) City Council deliberates.
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Packet Pg. 1207 Attachment: Reso-Council Rules (6679 : Council Rules Resolution) 28 (f) A Councilmember makes a motion, another Councilmember seconds the motion, and the Council debates it, with the maker of the motion having the opportunity to speak last.
(g) The Presiding Officer or City Clerk restates the motion. (h) The City Council votes on the motion.
(i) The Presiding Officer or City Clerk announces result.
RULE 25. PRESENCE OF CITY STAFF AT CITY COUNCIL MEETINGS.
The City Manager, City Clerk, and City Attorney, or, in their absence, their authorized representatives, shall attend and be present during all City Council meetings and give necessary service and advice.
RULE 26. RECORD OF MEETINGS.
All public meetings of the City Council shall be recorded. The recording shall be made by City TV and retained in accordance with the City’s record retention schedule.
The use of other recording or television equipment is permitted so long as it is not disruptive of the meeting.
RULE 27. USE OF TECHNOLOGY TO COMMUNICATE DURING MEETINGS During City Council meetings, Councilmembers shall not use electronic communications of any type, including texts and emails, to communicate among themselves.
RULE 28. ADJOURNMENT
No new item shall be considered after 11:00 p.m. unless consideration is approved by a two-thirds vote of the Councilmembers present.
RULE 29. CHARTER SECTION 615
In accordance with Charter Section 615, the adoption of all ordinances and
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Packet Pg. 1208 Attachment: Reso-Council Rules (6679 : Council Rules Resolution) 29 resolutions shall be by reading of title only unless a Councilmember present at the meeting objects.
RULE 30. INTERPRETATION AND MODIFICATION OF THESE RULES.
These rules shall be interpreted liberally to provide for the optimum in the free interchange of information and public debate without an unnecessary waste of time or duplication of effort. These rules may be amended by resolution.
RULE 31. FAILURE TO OBSERVE RULES OF ORDER.
These rules of order and procedures govern the conduct of City Council meetings.
These rules are intended to expedite the transaction of the business of the City Council in an orderly fashion and are deemed to be procedural only. Failure to strictly observe these rules shall not affect the jurisdiction of the City Council or invalidate any action taken at a meeting that otherwise conforms to law.
RULE 32. COUNCIL BRIEFINGS.
The City Manager and/or City Attorney may meet with Councilmembers to provide briefings. Briefings shall be conducted in compliance with the Brown Act. No person shall attend these meetings other than the Councilmembers invited without invitation of the City Manager and/or City Attorney. No Councilmember shall authorize or permit any person who is not a City of Santa Monica employee or duly appointed agent of the City (for example, outside counsel, contractor, or consultant) acting within the scope of that person’s job duties, to represent them as a Councilmember, or represent the Council, or the City, at any meeting, function, or event.
SECTION 2. Resolution Number 11585 (CCS) and all other resolutions adopting, amending, or relating to City Council Rules of Order, are hereby repealed in their entirety.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and
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Packet Pg. 1209 Attachment: Reso-Council Rules (6679 : Council Rules Resolution) 30 thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney
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Packet Pg. 1210 Attachment: Reso-Council Rules (6679 : Council Rules Resolution) 1 David Yakobson
From: Peter DiChellis <[email protected]>
Sent: Friday, October 4, 2024 2:57 PM
To: councilmtgitems
Cc: Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre
Subject: Item 14 - Oppose
EXTERNAL
Oppose. As written, gives far too much power to the unelected City Manager.
Who works for whom here?
Sincerely,
Peter DiChellis
Santa Monica 90403
Item 14-A
October 8, 2024
Item 14-A
October 8, 2024
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Packet Pg. 1211 Attachment: Written Comments (6679 : Council Rules Resolution) City Council
Report
City Council Meeting: October 8, 2024
Agenda Item: 16.A
1 of 1
To: Mayor and City Council
From: Nikima Newsome, City Clerk, Records and Election Services Department Subject: Appointment to one unscheduled vacancy on the Clean Beaches & Ocean Parcel Tax Citizens Oversight Committee for a term ending on June 30, 2025.
Prepared By: Xavier Mota, Staff Assistant III
Approved Forwarded to Council
Attachments:
A. Applicant List
16.A
Packet Pg. 1212
City of Santa Monica
Boards and Commissions Applicants
Clean Beaches & Ocean Parcel Tax
Citizens Oversight Committee
Name Application Date
Melohn, Richard
Shadchina, Larissa
09/15/2024
07/08/2024
TOTAL APPLICANTS: 2
16.A.b
Packet Pg. 1213 Attachment: Applicant List (6626 : 16.A. Appointment: Clean Beaches Committee (5 mins)) City Council
Report
City Council Meeting: October 8, 2024
Agenda Item: 16.B
1 of 1
To: Mayor and City Council
From: Nikima Newsome, City Clerk, Records and Election Services Department Subject: Request by Mayor Phil Brock, Vice-Mayor Lana Negrete, and Councilmember Oscar de la Torre that the City Council endorse Proposition 36 on the November 2024 statewide ballot. Proposition 36 makes several key changes related to punishments for theft and drug crimes. First, it increases punishment for some of these crimes. Second, it creates a new treatmentfocused court process for some drug possession crimes. Third, it requires courts to warn people convicted of selling or providing illegal drugs to others they can be charged with murder if they keep doing so and someone dies. (Attachments include the full text of the ballot measure and an analysis by the Legislative Analyst’s Office-The CA Legislature’s Nonpartisan Fiscal and Policy Advisor)
Prepared By: Nikima Newsome, City Clerk
Approved Forwarded to Council
Attachments:
A. prop36-text-proposed-laws
B. Prop 36 - LAO Analysis
C. Written Comments
16.B
Packet Pg. 1214
TEXT OF PROPOSED LAWS PROPOSITION 35 CONTINUED
(c) Statutory References. Unless otherwise stated, all
references contained in this chapter to statutes codified outside of this chapter refer to those statutes as they existed on July 1, 2023.
(d) Effective Date. This chapter shall take effect on the next January 1 following its approval by the voters of
California.
14199.136. Standing to Defend Chapter
Notwithstanding any other law, if the State of California or any of its officers or officials fail to defend the
constitutionality of this chapter, following its approval by the voters, any other state or local government
agency of this state shall have the authority to intervene on behalf of the State of California or the department in a court action challenging the constitutionality of this chapter for the purpose of defending its
constitutionality, whether that action is in state or
federal trial court, on appeal, or on discretionary review by the Supreme Court of California or the Supreme
Court of the United States. The reasonable fees and
costs of defending the action by the other state or local government agency shall be a charge on funds
appropriated to the Department of Justice, which shall
be satisfied promptly.
SEC. 2. Appropriations Limit.
(a) Commencing with the 2025–26 fiscal year,
pursuant to Section 4 of Article XIIIB of the California Constitution, the electors of the State of California
hereby adopt an increase in the appropriations limit for the State of California equal to the amount of the
revenues generated by the taxes contained in Article 6
(commencing with Section 14199.123) of this act and
Article 7.1 (commencing with Section 14199.80) of
Chapter 7 of Part 3 of the Welfare and Institutions
Code.
(b) The duration of the increase in the State of
California’s appropriations limit adopted pursuant to
this section shall be for the maximum amount of time
permitted under Section 4 of Article XIIIB of the
California Constitution.
35 36
SEC. 3. Conflicting Initiative Measures.
The people of the State of California hereby find and
declare:
(a) If this initiative measure and another initiative
measure or measures that raises or extends a managed
care organization provider tax to fund Medi-Cal
services, benefits, and coverage appear on the same
statewide election ballot, the other initiative measure or measures shall be deemed to be in conflict with this measure. If this initiative measure receives a greater
number of affirmative votes, the provisions of this
measure shall prevail in their entirety, and the
provisions of the other initiative measure or measures
shall be void.
(b) This act continues an existing tax on managed care
organization providers, a type of health care service
plan, that is used for the purpose of increasing
reimbursement rates or payments under the Medi-Cal
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program. Initiative No. 21-0042 Amendment #1
exempts from the definition of “tax” a levy, charge, or exaction collected from local units of government,
health care providers, or health care service plans that is primarily used by the State of California for the
purposes of increasing reimbursement rates or
payments under the Medi-Cal program. Therefore, no
conflict exists between this act and Initiative
No. 21-0042 Amendment #1.
(c) This act does not alter, apply to, or address the
matters contained in Initiative No. 23-0021
Amendment #1. Therefore, no conflict exists between
this act and Initiative No. 23-0021 Amendment #1.
PROPOSITION 36
This initiative measure is submitted to the people in
accordance with the provisions of Section 8 of Article II of the California Constitution.
This initiative measure amends and adds sections to
the Health and Safety Code and the Penal Code, and
adds a section to the Government Code; therefore,
existing provisions proposed to be deleted are printed
in strikeout type and new provisions proposed to be
added are printed in italic type to indicate that they are new.
PROPOSED LAW
THE HOMELESSNESS, DRUG ADDICTION, AND
THEFT REDUCTION ACT
SECTION 1. Title.
This act shall be known as The Homelessness, Drug
Addiction, and Theft Reduction Act.
SEC. 2. Purposes and Intent.
This measure will reform laws that have dramatically
increased homelessness, drug addiction, and theft
throughout California.
This measure will:
(a) Provide drug and mental health treatment for
people who are addicted to hard drugs, including
fentanyl, cocaine, heroin, and methamphetamine.
(b) Add fentanyl to existing laws that prohibit the
possession of hard drugs while armed with a loaded
firearm.
(c) Add fentanyl to existing laws that prohibit the
trafficking of large quantities of hard drugs.
(d) Permit judges to use their discretion to sentence
drug dealers to state prison instead of county jail when they are convicted of trafficking hard drugs in large
quantities or are armed with a firearm while engaging in drug trafficking.
(e) Warn convicted hard drug dealers and
manufacturers that they can be charged with murder if
they continue to traffic in hard drugs and someone dies as a result.
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(f) Reinstate penalties for hard drug dealers whose
trafficking kills or seriously injures a drug user.
(g) Increase penalties for people who repeatedly
engage in theft.
(h) Add new laws to address the increasing problem of
“smash and grab” thefts that result in significant losses and damage, or that are committed by multiple thieves
working together.
SEC. 3. Findings and Declarations.
The people of the State of California find and declare as follows:
(a) Reducing Homelessness Through Drug and Mental
Health Treatment
(1) California has reached a tipping point in its
homelessness, drug, mental health, and theft crises.
Our state has the highest rate of homelessness per
capita of any state in the country. And drug overdoses
now kill two to three times the number of people in
California as car accidents.
(2) Since the passage of Proposition 47 in 2014,
homelessness in California has increased by
51 percent, while during the same time period in the
rest of the country, it has declined by 11 percent.
Proposition 47 reduced the legal consequences of both
possession of hard drugs (fentanyl, cocaine, heroin,
methamphetamine, and phencyclidine), and theft. The
result has been massive increases in drug addiction,
mental illness, and property crimes, including retail
theft, committed by addicts to support their addiction.
At the same time, California has seen a dramatic
decrease in mental health and drug treatment for
homeless people due to reduced incentives to
participate in treatment. Our homelessness problem is
directly connected to these unintended consequences
of Proposition 47, which the voters now desire to
correct.
(3) Progressive states, including New Jersey,
Maryland, Illinois, and Michigan, have significantly
stronger hard drug laws than California, and their
homeless rate is 4 to 5 times lower than California’s.
(4) This proposal takes a modest step in the direction
of these states by enacting a new class of crime called a “treatment-mandated felony.” Under this new
“treatment-mandated felony,” prosecutors would have
the discretion to charge a felony for hard drug
possession after two previous drug convictions. If
charged with this “treatment-mandated felony” for a
third or subsequent drug offense, the offender would
be given the option of participating in drug and mental health treatment. If the offender successfully
completes drug and mental health treatment, the
charge would be fully expunged, and the offender
would receive no jail time. If the offender refuses drug and mental health treatment, they would serve jail time for hard drug possession. For a second conviction of
the treatment-mandated felony (the fourth total
conviction for hard drug possession), a judge would
have the option of imposing time in jail or state prison.
Along with hard drug and mental health treatment,
offenders charged with a treatment-mandated felony
would be offered shelter, job training, and other
services designed to break the cycle of addiction and
homelessness.
(b) Cracking Down on Hard Drug Dealers
(1) Fentanyl is the most dangerous drug that our
nation has ever seen. Because it is largely produced
synthetically, fentanyl is typically cheaper than other hard drugs. As a result, drug dealers now regularly
include fentanyl in other drugs, including diet, anxiety, and sleeping pills, cocaine, and heroin. Further,
fentanyl is up to 50 times stronger than heroin.
Therefore, a very tiny amount of fentanyl can prove
deadly. One kilogram (2.2 pounds) of fentanyl provides
enough of the drug to manufacture four to ten million
doses, or enough to kill 500,000 people. Finally,
because such a small amount of fentanyl is necessary
to create addiction, it is easier to smuggle across the border in smaller, yet much more deadly quantities.
(2) This act would authorize greater consequences for
hard drug dealers whose trafficking kills or seriously
injures a person who uses those drugs, and it would
provide a mechanism to warn convicted hard drug
dealers and manufacturers that they can be charged
with murder if they continue to traffic in hard drugs and someone dies as a result.
(3) This act would add nonprescription fentanyl to an
existing list of hard drugs, including heroin, cocaine, and methamphetamine, for which it is illegal to possess the drug while armed with a loaded firearm.
(4) This act would also add nonprescription fentanyl to an existing list of hard drugs, including heroin, cocaine, and methamphetamine, that authorizes greater
consequences for drug dealers who sell large quantities of hard drugs.
(5) This act also permits judges to sentence drug
dealers who traffic in large quantities of hard drugs or who are armed with a firearm while trafficking in hard
drugs to state prison instead of local county jails. Only our state prisons are equipped to manage security for
hardened drug dealers and to provide them the
rehabilitation services they need to safely reenter
society.
(c) Accountability for Repeat Theft and Smash and
Grab Thefts
(1) Prior to Proposition 47, individuals who repeatedly engaged in theft could be charged with a felony.
Prop. 47 eliminated this repeat offender felony and
instead provided that any theft up to $950 in value is
now a misdemeanor—regardless of how many times
the offender has committed theft. In practice, this
means that an offender who repeatedly steals up to
$950 in value faces virtually no legal consequences.
(2) The result has been an explosion in retail and cargo theft causing stores throughout California to close to
protect employees and customers from criminal activity
that disrupts the efficient delivery of products directly to consumers and creates billions of dollars in
economic losses to our local communities and state.
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36 This rapid increase in retail and cargo theft has also contributed to rising inflation, as businesses have been forced to raise prices to account for their economic
losses. This retail and cargo theft explosion has collided with the fentanyl epidemic, as hard drug users have
engaged in brazen theft to support their drug habits,
knowing that there will be no consequences for either
their theft or their hard drug use.
(3) Under this act, an offender with two prior
convictions for theft can be charged with a felony,
regardless of the value of the stolen property. Diversion programs will continue to exist, meaning that judges
will retain discretion not to incarcerate an offender
even for more than two theft convictions. But
prosecutors will have the ability to bring felony charges against hardened, repeat offenders who continue to
engage in theft. Judges will have the discretion to
sentence a repeat offender to jail in appropriate cases, or to state prison if an offender is convicted four or
more times of theft.
(4) This act also authorizes judges to exercise their
discretion to impose an enhanced penalty when an
offender steals, damages, or destroys property by
acting together with two or more offenders or by
causing losses of $50,000 or more. By permitting
discretion in these scenarios, judges will be able to
fashion sentences that are appropriate for the crime
committed, including so-called “smash and grabs”
committed by mobs or large groups of people working
together.
(5) The value of property stolen in multiple thefts will be permitted to be added together so that in
appropriate cases an offender may be charged with
felony theft instead of petty theft. This provision
addresses the problem of offenders who commit a
series of thefts in which the property stolen during each theft has a value under the $950 felony theft threshold, in order to insulate themselves from felony charges.
(6) Along with the hard drug provisions in this act,
these theft law changes will stop the vicious cycle of
hard drug users stealing to support their habits without legal consequences for their actions.
SEC. 4. Section 11369 is added to the Health and
Safety Code, to read:
11369. (a) This section shall be known, and may be
cited, as Alexandra’s Law.
(b) The court shall advise a person who is convicted of, or who pleads guilty or no contest to, a violation of
Section 11351, 11351.5, 11352, 11378, 11378.5,
11379, 11379.5, or 11379.6 involving a hard drug, of
the following:
“You are hereby advised that it is extremely dangerous
and deadly to human life to illicitly manufacture,
distribute, sell, furnish, administer, or give away any drugs in any form, including real or counterfeit drugs or pills. You can kill someone by engaging in this conduct.
All drugs and counterfeit pills are dangerous to human
life. These substances alone, or mixed, kill human
beings in very small doses. If you illicitly manufacture, distribute, sell, furnish, administer, or give away any real or counterfeit drugs or pills, and that conduct
results in the death of a human being, you could be
charged with homicide, up to and including the crime of murder, within the meaning of Section 187 of the Penal
Code.”
(c) The advisory statement shall be provided to the
defendant in writing, either on a plea form, if used, as an addendum to a plea form, or at sentencing, and the
fact that the advisory was given shall be specified on
the record and recorded in the abstract of the
conviction.
(d) (1) Except as provided in paragraph (2), as used in this section, “hard drug” means a substance listed in
Section 11054 or 11055, including a substance
containing fentanyl, heroin, cocaine, cocaine base,
methamphetamine, or phencyclidine, and the analogs
of any of these substances as defined in Sections 11400 and 11401.
(2) As used in this section, “hard drug” does not include cannabis, cannabis products, peyote, lysergic acid
diethylamide (LSD), other psychedelic drugs, including
mescaline and psilocybin (mushrooms), any other
substance listed in subdivisions (d) and (e) of Section 11054, or, with the exception of methamphetamine,
any other substance listed in subdivision (d) of Section 11055.
SEC. 5. Section 11370.1 of the Health and Safety
Code is amended to read:
11370.1. (a) Notwithstanding Section 11350 or
11377 or any other provision of law, every person who
unlawfully possesses any amount of a substance
containing cocaine base, a substance containing
cocaine, a substance containing heroin, a substance
containing methamphetamine, a substance containing
fentanyl, a crystalline substance containing
phencyclidine, a liquid substance containing
phencyclidine, plant material containing phencyclidine, or a hand-rolled cigarette treated with phencyclidine
while armed with a loaded, operable firearm is guilty of a felony punishable by imprisonment in the state prison for two, three, or four years.
(b) Subdivision (a) does not apply to any person lawfully possessing fentanyl, including with a valid prescription. (c) As used in this subdivision (a), “armed with” means having available for immediate offensive or defensive
use.
(b) (d) Any person who is convicted under this section
shall be ineligible for diversion or deferred entry of
judgment under Chapter 2.5 (commencing with
Section 1000) of Title 6 of Part 2 of the Penal Code.
SEC. 6. Section 11370.4 of the Health and Safety
Code is amended to read:
11370.4. (a) (1) A person convicted of a violation of,
or of a conspiracy to violate, Section 11351, 11351.5,
or 11352 with respect to a substance containing
heroin, fentanyl, cocaine base as specified in paragraph (1) of subdivision (f) of Section 11054, or cocaine as
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specified in paragraph (6) of subdivision (b) of Section 11055, when the person knew of the substance’s
nature or character as a controlled substance, shall
receive an additional state prison term as follows:
(A) If the substance exceeds one kilogram by weight,
the person shall receive an additional term of three
years.
(B) If the substance exceeds four kilograms by weight,
the person shall receive an additional term of five years. (C) If the substance exceeds 10 kilograms by weight,
the person shall receive an additional term of 10 years. (D) If the substance exceeds 20 kilograms by weight,
the person shall receive an additional term of 15 years. (E) If the substance exceeds 40 kilograms by weight,
the person shall receive an additional term of 20 years. (F) If the substance exceeds 80 kilograms by weight,
the person shall receive an additional term of 25 years. (2) The conspiracy enhancements provided for in this
subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially
involved in the planning, direction, execution, or
financing of the underlying offense.
(b) (1) A person convicted of a violation of, or of
conspiracy to violate, Section 11378, 11378.5, 11379,
or 11379.5 with respect to a substance containing
methamphetamine, amphetamine, phencyclidine
(PCP) and its analogs shall receive an additional state prison term as follows:
(A) If the substance exceeds one kilogram by weight,
or 30 liters by liquid volume, the person shall receive an additional term of three years.
(B) If the substance exceeds four kilograms by weight,
or 100 liters by liquid volume, the person shall receive an additional term of five years.
(C) If the substance exceeds 10 kilograms by weight,
or 200 liters by liquid volume, the person shall receive an additional term of 10 years.
(D) If the substance exceeds 20 kilograms by weight,
or 400 liters by liquid volume, the person shall receive an additional term of 15 years.
(2) In computing the quantities involved in this
subdivision, plant or vegetable material seized shall not be included.
(3) The conspiracy enhancements provided for in this
subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially
involved in the planning, direction, execution, or
financing of the underlying offense.
(c) (1) A person convicted of a violation of, or of a
conspiracy to violate, Section 11351 or 11352 with
respect to a substance containing fentanyl shall receive an additional state prison term as follows:
(A) If the substance exceeds 28.35 grams (one ounce)
by weight, the person shall receive an additional term of three years.
(B) If the substance exceeds 100 grams by weight, the
person shall receive an additional term of five years.
(C) If the substance exceeds 500 grams by weight, the
person shall receive an additional term of seven years. (D) If the substance exceeds one kilogram by weight,
the person shall receive an additional term of 10 years. (E) If the substance exceeds four kilograms by weight,
the person shall receive an additional term of 13 years. (F) If the substance exceeds 10 kilograms by weight,
the person shall receive an additional term of 16 years. (G) If the substance exceeds 20 kilograms by weight,
the person shall receive an additional term of 19 years. (H) If the substance exceeds 40 kilograms by weight,
the person shall receive an additional term of 22 years. (I) If the substance exceeds 80 kilograms by weight,
the person shall receive an additional term of 25 years. (2) The conspiracy enhancements provided for in this
subdivision shall not be imposed unless the trier of fact finds that the defendant conspirator was substantially
involved in the planning, direction, execution, or
financing of the underlying offense.
(c) (d) The additional terms provided in this section
shall not be imposed unless the allegation that the
weight of the substance containing heroin, fentanyl,
cocaine base as specified in paragraph (1) of
subdivision (f) of Section 11054, cocaine as specified
in paragraph (6) of subdivision (b) of Section 11055,
methamphetamine, amphetamine, or phencyclidine
(PCP) and its analogs exceeds the amounts provided in
this section is charged in the accusatory pleading and
admitted or found to be true by the trier of fact.
(e) Notwithstanding paragraph (9) of subdivision (h) of Section 1170 of the Penal Code, a defendant convicted
of an underlying violation specified in this section who admits an enhancement pursuant to this section or for
whom an enhancement pursuant to this section is
found true, is punishable by imprisonment in the state
prison and not pursuant to subdivision (h) of Section
1170 of the Penal Code.
(d) (f) The additional terms provided in this section
shall be in addition to any other punishment provided
by law.
(e) (g) Notwithstanding any other law, the court may
strike the additional punishment for the enhancements
provided in this section if the court determines that
there are circumstances in mitigation of the additional punishment and states on the record its reasons for
striking the additional punishment.
36 SEC. 7. Article 8 (commencing with Section 11395)
is added to Chapter 6 of Division 10 of the Health and
Safety Code, to read:
Article 8. Treatment-Mandated Felony
11395. (a) This article shall be known and cited as
the Treatment-Mandated Felony Act.
(b) (1) Notwithstanding any other law, and except as
provided in subdivision (d), a person described in
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36 subdivision (c) who possesses a hard drug, unless upon the written prescription of a physician, dentist,
podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in a county
jail for not more than one year or pursuant to subdivision (h) of Section 1170 of the Penal Code. A second or
subsequent conviction of this section, is punishable by imprisonment in the county jail not exceeding one year
or by imprisonment in the state prison.
(2) A person shall not be sentenced to jail or prison
pursuant to this section unless a court determines that the person is not eligible or suitable for treatment or that any other circumstance described in paragraph (4)
of subdivision (d) applies to that person.
(c) Subdivision (b) applies to a person who has two or
more prior convictions for a felony or misdemeanor
violation of Section 11350, 11351, 11351.5, 11352,
11353, 11353.5, 11353.7, 11370.1, 11377, 11378,
11378.5, 11379, 11379.5, 11379.6, 11380, or 11395,
including a conviction that occurred before the effective date of this section. Prior convictions shall be alleged in the accusatory pleading, and either admitted by the
defendant in open court or found to be true by the trier of fact.
(d) (1) (A) In lieu of a jail or prison sentence, or a grant of probation with jail as a condition of probation, a
defendant charged with a violation of this section may
elect treatment by pleading guilty or no contest to a
violation of this section and admitting the alleged prior convictions, waiving time for sentencing and the
pronouncement of judgment, and agreeing to
participate in, and complete, a detailed treatment
program developed by a drug addiction expert and
approved by the court. A defendant’s plea of guilty or no contest shall not constitute a conviction for any purpose unless judgment is entered pursuant to paragraph (4)
for a violation of this section.
(B) Upon or subsequent to arraignment for a violation
of this section, and at the request or with the consent of the defendant or their attorney, the court shall order a drug addiction expert to conduct a substance abuse
and mental health evaluation of the defendant. The
expert shall submit a report of the evaluation to the
court and parties. The evaluation may be based on an
interview of the defendant or other individuals with
relevant knowledge and review of records the expert
deems appropriate, including medical records, criminal
history, prior treatment history, and records pertaining to the current offense. If the defendant participates in the interview, neither the defendant’s interview nor
evidence derived from the interview may be used
against the defendant at any subsequent trial for the
instant offense except for the purposes of impeachment
should the defendant testify inconsistently. The
evaluation shall detail the defendant’s drug abuse or
mental health issues, if any, so the court and parties
may better determine appropriate handling of the
defendant’s case.
(C) Concurrent with the order for a substance abuse
and mental health evaluation of the defendant, and with the defendant’s consent, the court shall also order that a case worker or other qualified individual determine
whether the defendant is eligible to receive Medi-Cal,
Medicare, or any other relevant benefits for any
programs or evaluations under this section. If the
defendant did not previously consent to an eligibility
determination at arraignment, the court shall order the eligibility determination upon and as a condition of the defendant’s agreement to participate in and complete a
treatment program as described in this subdivision.
(2) A treatment program may include, but is not limited to, drug treatment, mental health treatment, job
training, and any other conditions related to treatment or a successful outcome for the defendant that the
court finds appropriate. The court must hold regular
hearings to review the progress of the defendant. The
court shall make referrals to programs that provide
services at no cost to the participant and have been
deemed by the court, the drug addiction expert, and the parties to be credible and effective. A defendant may
also choose to pay for a program that is approved by the court.
(3) Upon the defendant’s successful completion of the
treatment program as specified in paragraph (2), the
positive recommendation of the treatment program,
and the motion of the defendant, prosecuting attorney,
the court, or the probation department, the court shall dismiss this charge against the defendant and the
provisions of Section 1000.4 of the Penal Code, as it
read on the effective date of this section, shall apply, including the provision that the arrest upon which the
defendant was deferred shall be deemed to have never
occurred. A dismissal based on the successful
completion of treatment shall not count as a conviction for any purpose, including for determining punishment
pursuant to subdivision (b).
(4) If at any time it appears that the defendant is
performing unsatisfactorily in the program, is not
benefiting from treatment, is not amenable to
treatment, has refused treatment, or has been
convicted of a crime that was committed since starting
treatment, the prosecuting attorney, the court on its
own, or the probation department may make a motion
for entry of judgment and sentencing. After notice to the defendant, the court shall hold a hearing to determine
whether judgment should be entered and the defendant
sentenced. Judgment shall be imposed and the
defendant sentenced if the court finds true one or more of the foregoing circumstances. However, except when
the defendant has been found to have been convicted
of a crime that was committed since starting treatment, the court may rerefer the defendant to treatment if the court finds that it is in the interest of justice to do so, that the defendant is currently amenable to treatment,
and if the defendant agrees to participate in, and
complete, a treatment program as described in this
section.
(5) For time spent in residential treatment, a defendant may earn only actual credits pursuant to Section 2900.5 of the Penal Code and shall not earn conduct credits
pursuant to Section 4019 of the Penal Code or any
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other provision. Time spent in any other type of program or counseling is not eligible for any credits.
(e) (1) Except as provided in paragraph (2), as used in this section, “hard drug” means a substance listed in
Section 11054 or 11055, including a substance
containing fentanyl, heroin, cocaine, cocaine base,
methamphetamine, or phencyclidine, and the analogs
of any of these substances as defined in Sections 11400 and 11401.
(2) As used in this section, “hard drug” does not include cannabis, cannabis products, peyote, lysergic acid
diethylamide (LSD), other psychedelic drugs, including
mescaline and psilocybin (mushrooms), any other
substance listed in subdivisions (d) and (e) of Section 11054, or, with the exception of methamphetamine,
any other substance listed in subdivision (d) of Section 11055.
(f) Upon an arrest for a violation of this section, the court shall require judicial review prior to release to make an individualized determination of risk to public
safety and likelihood to return to court.
(g) This section shall not be construed to preclude
prosecution or punishment pursuant to any other law.
SEC. 8. Section 490.3 is added to the Penal Code, to
read:
490.3. Notwithstanding any other law, in any case
involving one or more acts of theft or shoplifting,
including, but not limited to, violations of Sections
459.5, 484, 488, and 490.2, the value of property or
merchandise stolen may be aggregated into a single
count or charge, with the sum of the value of all property or merchandise being the values considered in
determining the degree of theft.
SEC. 9. Section 666.1 is added to the Penal Code, to
read:
666.1. (a) (1) Notwithstanding any other law, a
person who has two or more prior convictions for any of the offenses listed in paragraph (2), and who is
convicted of petty theft or shoplifting, is punishable by imprisonment in the county jail not exceeding one year
or pursuant to subdivision (h) of Section 1170. A second or subsequent conviction of this section is punishable
by imprisonment in the county jail not exceeding one
year or by imprisonment in the state prison.
(2) This section applies to the following offenses,
including a conviction that occurred before the effective date of this section:
(A) Petty theft, as described in Section 488 or 490.2.
(B) Grand theft, as described in Sections 487, 487h,
and in Chapter 5 (commencing with Section 484) of
Title 13 of Part 1.
(C) Theft from an elder or dependent adult, as
described in Section 368.
(D) The theft or unauthorized use of a vehicle, as
described in Section 10851 of the Vehicle Code.
(E) Burglary, as described in Section 459.
(F) Carjacking, as described in Section 215.
(G) Robbery, as described in Section 211.
(H) Receiving stolen property, as described in Section
496.
(I) Shoplifting, as described in Section 459.5.
(J) Identity theft and mail theft, as described in Section 530.5.
(b) A person subject to charging under this section or
actually charged with this section may be referred by a prosecuting attorney’s office or by a county probation
department to a theft diversion or deferred entry of
judgment program pursuant to Section 1001.81. lf
appropriate, a person admitted to such a program may
also be referred to a substance abuse treatment
program.
(c) Upon an arrest for a violation of this section, the court shall require judicial review prior to release to make an individualized determination of risk to public
safety and likelihood to return to court.
(d) This section shall not be construed to preclude
prosecution or punishment pursuant to any other law.
SEC. 10. Section 12022 of the Penal Code is
amended to read:
12022. (a) (1) Except as provided in subdivisions (c)
and (d), a person who is armed with a firearm in the
commission of a felony or attempted felony shall be
punished by an additional and consecutive term of
imprisonment pursuant to subdivision (h) of Section
1170 for one year, unless the arming is an element of
that offense. This additional term shall apply to a
person who is a principal in the commission of a felony or attempted felony if one or more of the principals is armed with a firearm, whether or not the person is
personally armed with a firearm.
(2) Except as provided in subdivision (c), and
notwithstanding subdivision (d), if the firearm is an
assault weapon, as defined in Section 30510 or 30515,
or a machinegun, as defined in Section 16880, or a .50
BMG rifle, as defined in Section 30530, the additional
and consecutive term described in this subdivision
shall be three years imprisonment pursuant to
subdivision (h) of Section 1170 whether or not the
arming is an element of the offense of which the person was convicted. The additional term provided in this
paragraph shall apply to any person who is a principal
in the commission of a felony or attempted felony if one or more of the principals is armed with an assault
weapon, machinegun, or a .50 BMG rifle, whether or
not the person is personally armed with an assault
weapon, machinegun, or a .50 BMG rifle.
36 (b) (1) A person who personally uses a deadly or
dangerous weapon in the commission of a felony or
attempted felony shall be punished by an additional
and consecutive term of imprisonment in the state
prison for one year, unless use of a deadly or dangerous weapon is an element of that offense.
(2) If the person described in paragraph (1) has been
convicted of carjacking or attempted carjacking, the
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36 additional term shall be in the state prison for one, two, or three years.
(3) When a person is found to have personally used a
deadly or dangerous weapon in the commission of a
felony or attempted felony as provided in this
subdivision and the weapon is owned by that person,
the court shall order that the weapon be deemed a
nuisance and disposed of in the manner provided in
Sections 18000 and 18005.
(c) (1) Notwithstanding the enhancement set forth in
subdivision (a), a person who is personally armed with a firearm in the commission of a violation or attempted
violation of Section 11351, 11351.5, 11352, 11366.5,
11366.6, 11378, 11378.5, 11379, 11379.5, or
11379.6 of the Health and Safety Code shall be
punished by an additional and consecutive term of
imprisonment in the state prison pursuant to
subdivision (h) of Section 1170 for three, four, or five years.
(2) Notwithstanding paragraph (9) of subdivision (h) of Section 1170 of the Penal Code, a defendant convicted
of an underlying violation specified in this subdivision who admits an enhancement pursuant to this
subdivision or for whom an enhancement pursuant to
this subdivision is found true, is punishable by
imprisonment in the state prison and not pursuant to
subdivision (h) of Section 1170 of the Penal Code.
(d) Notwithstanding the enhancement set forth in
subdivision (a), a person who is not personally armed
with a firearm who, knowing that another principal is
personally armed with a firearm, is a principal in the
commission of an offense or attempted offense
specified in subdivision (c), shall be punished by an
additional and consecutive term of imprisonment
pursuant to subdivision (h) of Section 1170 for one,
two, or three years.
(e) For purposes of imposing an enhancement under
Section 1170.1, the enhancements under this section
shall count as a single enhancement.
(f) Notwithstanding any other provision of law, the
court may strike the additional punishment for the
enhancements provided in subdivision (c) or (d) in an
unusual case where the interests of justice would best
be served, if the court specifies on the record and
enters into the minutes the circumstances indicating
that the interests of justice would best be served by
that disposition.
SEC. 11. Section 12022.6 is added to the Penal
Code, to read:
12022.6. (a) When any person takes, damages, or
destroys any property in the commission or attempted
commission of a felony, or commits a felony violation of Section 496, the court shall impose a term in addition
and consecutive to the punishment prescribed for the
felony or attempted felony of which the defendant has
been convicted, as follows:
(1) If the loss or property value exceeds fifty thousand dollars ($50,000), the court shall impose an additional term of one year.
(2) If the loss or property value exceeds two hundred
thousand dollars ($200,000), the court shall impose an
additional term of two years.
(3) If the loss or property value exceeds one million
dollars ($1,000,000), the court shall impose an
additional term of three years.
(4) If the loss or property value exceeds three million dollars ($3,000,000), the court shall impose an
additional term of four years.
(5) For every additional loss or property value of three million dollars ($3,000,000), the court shall impose a
term of one year in addition to the term specified in
paragraph (4).
(b) In any accusatory pleading involving multiple
charges of taking, damage, or destruction, or multiple
violations of Section 496, the additional terms provided in this section may be imposed if the aggregate losses
to the victims or aggregate property values from all
felonies exceed the amounts specified in this section
and arise from a common scheme or plan. All pleadings
under this section shall remain subject to the rules of joinder and severance stated in Section 954.
(c) The additional terms provided in this section shall not be imposed unless the facts relating to the amounts provided in this section are charged in the accusatory
pleading and admitted by the defendant or found to be
true by the trier of fact.
(d) Notwithstanding any other law, the court may
impose an enhancement pursuant to this section and
another section on a single count, including an
enhancement pursuant to Section 12022.65.
SEC. 12. Section 12022.65 is added to the Penal
Code, to read:
12022.65. (a) Any person who acts in concert with
two or more persons to take, attempt to take, damage,
or destroy any property, in the commission or attempted commission of a felony shall be punished by an
additional and consecutive term of imprisonment of
one, two, or three years.
(b) The additional term provided in this section shall
not be imposed unless the existence of the facts
required in subdivision (a) are charged in the accusatory pleading and admitted by the defendant or found to be
true by the trier of fact.
(c) Notwithstanding any other law, the court may
impose an enhancement pursuant to this section and
another section on a single count, including an
enhancement pursuant to Section 12022.6.
SEC. 13. Section 12022.7 of the Penal Code is
amended to read:
12022.7. (a) Any person who personally inflicts great
bodily injury on any person other than an accomplice in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of
imprisonment in the state prison for three years.
(b) Any person who personally inflicts great bodily
injury on any person other than an accomplice in the
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TEXT OF PROPOSED LAWS PROPOSITION 36 CONTINUED
commission of a felony or attempted felony which
causes the victim to become comatose due to brain
injury or to suffer paralysis of a permanent nature shall be punished by an additional and consecutive term of
imprisonment in the state prison for five years. As used in this subdivision, “paralysis” means a major or
complete loss of motor function resulting from injury to the nervous system or to a muscular mechanism.
(c) Any person who personally inflicts great bodily
injury on a person who is 70 years of age or older, other than an accomplice, in the commission of a felony or
attempted felony shall be punished by an additional
and consecutive term of imprisonment in the state
prison for five years.
(d) Any person who personally inflicts great bodily
injury on a child under the age of five years in the
commission of a felony or attempted felony shall be
punished by an additional and consecutive term of
imprisonment in the state prison for four, five, or six years.
(e) Any person who personally inflicts great bodily
injury under circumstances involving domestic violence
in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of
imprisonment in the state prison for three, four, or five years. As used in this subdivision, “domestic violence” has the meaning provided in subdivision (b) of Section
13700.
(f) (1) As used in this section, “great bodily injury”
means a significant or substantial physical injury.
(2) As used in this section, a person who sells,
furnishes, administers, or gives away a controlled
substance is deemed to have personally inflicted great
bodily injury when the person to whom the substance
was sold, furnished, administered, or given suffers a
significant or substantial physical injury from using the substance.
(g) This section shall not apply to murder or
manslaughter or a violation of Section 451 or 452.
Subdivisions (a), (b), (c), and (d) shall not apply if
infliction of great bodily injury is an element of the
offense.
(h) The court shall impose the additional terms of
imprisonment under either subdivision (a), (b), (c), or (d), but may not impose more than one of those terms
for the same offense.
SEC. 14. Chapter 36 (commencing with Section
7599.200) is added to Division 7 of Title 1 of the
Government Code, to read:
CHAPTER 36. FUNDING FOR THE HOMELESSNESS,
DRUG ADDICTION, AND THEFT REDUCTION ACT
7599.200. (a) This chapter shall be known as the
Funding for the Homelessness, Drug Addiction, and
Theft Reduction Act.
(b) From moneys disbursed to the Board of State and
Community Corrections pursuant to paragraph (3) of
subdivision (a) of Section 7599.2 and Section 6046.2 of the Penal Code, the Board of State and Community
Corrections may allocate appropriate funds to counties
and local governments for programs specified in Section 11395 of the Health and Safety Code. This provision
shall not preclude funding for this act from any other
source, including, but not limited to, the Local Revenue Fund 2011 established under Section 30025 and other
funds designated for substance abuse and mental
health treatment.
(c) A defendant charged with a treatment-mandated
felony is eligible for any appropriate Medi-Cal or
Medicare programs or services, including, but not
limited to, those described in clauses (iii) to (v),
inclusive, of subparagraph (B) of paragraph (16) of
subdivision (f) of Section 30025, for the defendant’s
programs specified in Section 11395 of the Health and
Safety Code. A county or local government may contract
directly with the State Department of Health Care
Services or any other applicable state agency to provide for the provision or administration of any applicable
Medi-Cal or Medicare treatment programs.
SEC. 15. Amendments.
(a) Except as provided in subdivision (b), this act shall not be amended by the Legislature except by a statute
that furthers the purposes, intent, findings, and
declarations of the act and is passed in each house by
rollcall vote entered in the journal, two-thirds of the membership of each house concurring, or by a statute
that becomes effective only when approved by the
voters.
(b) The Legislature may, by majority vote, amend
Section 11369 of the Health and Safety Code only to
expand the list of drugs that qualify as a “hard drug”
and to expand the list of convictions to which it applies, and may, by majority vote, amend Section 11395 of the
Health and Safety Code only to expand the list of drugs that qualify as a “hard drug” and to expand the list of applicable prior convictions, and may, by majority vote, amend Section 666.1 of the Penal Code only to expand
the list of applicable prior convictions.
SEC. 16. Severability.
If any provision of this act, or any part of any provision, or the application of any provision or part to any person or circumstance is for any reason held to be invalid or unconstitutional, the remaining provisions and
applications of provisions shall not be affected, but
shall remain in full force and effect, and to this end the provisions of this act are severable.
SEC. 17. Conflicting Initiatives.
(a) This act creates a new drug treatment statute and
changes the penalties for career and serial thieves. In the event that this act and another initiative measure or measures relating to the same subject appear on the
same statewide ballot, the provisions of the other
measure or measures shall be deemed to be in conflict
with this measure. In the event this measure receives a greater number of affirmative votes than a measure
deemed to be in conflict with it, the provisions of this measure shall prevail in their entirety, and the
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36 provisions of the other measure or measures shall be conflicting ballot measure is later held invalid, this null and void. measure shall be self-executing and given full force and effect. (b) If this measure is approved by the voters but superseded by law by any other conflicting measure
approved by the voters at the same election, and the
134 | Text of Proposed Laws
16.B.a
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November 5, 2024 Ballot
PROPOSITION 36
Allows Felony Charges and Increases Sentences for Certain Drug and Theft Crimes. Initiative Statute.
ANALYSIS OF MEASURE
BACKGROUND
Punishment Depends on Seriousness of Crime and Criminal History Punishment for Felonies. A felony is the most serious type of crime. People can be sentenced to county jail or state prison for felonies, depending on the crime and their criminal history. In some cases, people can be supervised in the community by a county probation officer instead of serving some or all of their sentence in jail or prison. This is called county community supervision. The length of a sentence mostly depends on the crime. For example, murder can be punished by 15 years or more in prison. In contrast, selling drugs can be punished by up to five years in jail or prison, depending on the drug. Sentences can also be lengthened due to details of the crime. For example, sentences for selling certain drugs (such as fentanyl, heroin, cocaine, or methamphetamine) can be lengthened based on the amount sold.
Punishment for Misdemeanors. A misdemeanor is a less serious crime. Examples include assault and drug possession. People can be sentenced to county jail, county community supervision, and/or a fine for misdemeanors. Sentences can be up to one year in jail.
Proposition 47 Reduced Punishments for Some Theft and Drug Crimes In 2014, Proposition 47 changed some theft and drug crimes from felonies to misdemeanors.
For example, shoplifting (stealing items worth $950 or less from a store) and drug possession generally became misdemeanors.
PROPOSAL
Proposition 36 makes several key changes related to punishments for theft and drug crimes. First, it increases punishment for some of these crimes. Second, it creates a new treatment-focused court process for some drug possession crimes. Third, it requires courts to warn people convicted of selling or providing illegal drugs to others that they can be charged with murder if they keep doing so and someone dies.
16.B.b
Packet Pg. 1224 Attachment: Prop 36 - LAO Analysis (6640 : Support Prop 36 on November 2024 Statewide Ballot) November 5, 2024 Ballot
Increases Punishment for Some Theft and Drug Crimes
Proposition 36 increases punishment for some theft and drug crimes in three ways:
• Turns Some Misdemeanors Into Felonies. For example, currently, theft of items worth $950 or less is generally a misdemeanor. Proposition 36 makes this crime a felony if the person has two or more past convictions for certain theft crimes (such as shoplifting, burglary, or carjacking). The sentence would be up to three years in county jail or state prison. These changes undo some of the punishment reductions in Proposition 47. • Lengthens Some Felony Sentences. For example, Proposition 36 allows felony sentences for theft or damage of property to be lengthened by up to three years if three or more people committed the crime together.
• Requires Some Felonies Be Served in Prison. For example, as discussed above, sentences for selling certain drugs (such as fentanyl, heroin, cocaine, or methamphetamine) can be lengthened based on the amount sold. Currently, these sentences are served in county jail or state prison depending on the person’s criminal history. Proposition 36 generally requires these sentences be served in prison.
Creates New Court Process for Some Drug Possession Crimes Proposition 36 allows people who possess illegal drugs to be charged with a “treatment-mandated felony,” instead of a misdemeanor, in some cases. Specifically, this applies to people who (1) possess certain drugs (such as fentanyl, heroin, cocaine, or methamphetamine) and (2) have two or more past convictions for some drug crimes (such as possessing or selling drugs). These people would generally get treatment, such as mental health or drug treatment. Those who finish treatment would have their charges dismissed. Those who do not finish treatment could serve up to three years in state prison. This change undoes some of the punishment reductions in Proposition 47.
Requires Warning of Possible Murder Charges for Selling or Providing Drugs Proposition 36 requires courts to warn people that they could be charged with murder if they sell or provide illegal drugs that kill someone. This warning would be given to people convicted of selling or providing certain drugs (such as fentanyl, heroin, cocaine, and methamphetamine). This could make it more likely for them to be convicted of murder if they later sell or provide illegal drugs to someone who dies.
FISCAL EFFECTS
Proposition 36 would have various fiscal effects on the state and local governments. The size of these effects would depend on uncertain factors, such as what decisions local prosecutors would make.
Increases State Criminal Justice Costs. Proposition 36 would increase state criminal justice costs in two main ways.
• Increase in State Prison Population. It would require some people who now serve their sentences at the county level to serve them in state prison. Also, it lengthens some prison sentences. In total, the prison population could increase by around a few thousand people. (There are about 90,000 people in prison now.)
16.B.b
Packet Pg. 1225 Attachment: Prop 36 - LAO Analysis (6640 : Support Prop 36 on November 2024 Statewide Ballot) November 5, 2024 Ballot
• Increase in State Court Workload. This is because felonies usually take more time to resolve than misdemeanors. Also, treatment-mandated felonies would increase court workload.
In total, Proposition 36 would increase state criminal justice costs, likely ranging from several tens of millions of dollars to the low hundreds of millions of dollars each year (annually). This amount is less than one-half of 1 percent of the state’s total General Fund budget. (The General Fund is the account the state uses to pay for most public services, including education, health care, and prisons.)
Increases Local Criminal Justice Costs. Proposition 36 would increase local criminal justice costs in two main ways.
• Net Increase in County Jail and Community Supervision Population. In some ways, Proposition 36 would reduce the jail and community supervision population. This is because some people would go to state prison instead of the county level. In other ways, it would increase this population. This is because some people would spend more time in county jail or on community supervision. Overall, Proposition 36 likely would increase the county population. This increase could be around a few thousand people. (There are about 250,000 people at the county level now.) • Increase in Local Court-Related Workload. It would also increase workload for local prosecutors and public defenders. This is because felonies usually take more time to resolve than misdemeanors. Also, treatment-mandated felonies would create workload for some county agencies (such as probation or behavioral health departments).
In total, Proposition 36 would increase local criminal justice costs, likely by tens of millions of dollars annually.
Reduces Amount State Must Spend on Certain Services. Proposition 47 created a process in which the estimated state savings from its punishment reductions must be spent on mental health and drug treatment, school truancy and dropout prevention, and victim services. These estimated savings totaled $95 million last year. By undoing parts of Proposition 47, Proposition 36 reduces the state savings from Proposition 47. This would reduce the amount the state must spend on mental health and drug treatment, school truancy and dropout prevention, and victim services. This reduction likely would be in the low tens of millions of dollars annually.
Other Fiscal Impacts. Proposition 36 could have other fiscal effects on the state and local governments. For example, if the increased punishments or mandated treatment reduce crime, some state and local criminal justice costs could be avoided. However, it is unknown if these or other effects would occur.
16.B.b
Packet Pg. 1226 Attachment: Prop 36 - LAO Analysis (6640 : Support Prop 36 on November 2024 Statewide Ballot) November 5, 2024 Ballot
YES/NO STATEMENT
A YES vote on this measure means: People convicted of certain drug or theft crimes could receive increased punishment, such as longer prison sentences. In certain cases, people who possess illegal drugs would be required to complete treatment or serve up to three years in prison.
A NO vote on this measure means: Punishment for drug and theft crimes would remain the same.
SUMMARY OF LEGISLATIVE ANALYST’S ESTIMATE OF NET STATE AND
LOCAL GOVERNMENT FISCAL IMPACT
• Increased state criminal justice costs, likely ranging from several tens of millions of dollars to the low hundreds of millions of dollars annually, primarily due to an increase in the prison population.
• Increased local criminal justice costs, likely in the tens of millions of dollars annually, primarily due to county jail, community supervision, and court-mandated mental health and drug treatment workload.
BALLOT LABEL
Fiscal Impact: State criminal justice costs likely ranging from several tens of millions of dollars to the low hundreds of millions of dollars annually. Local criminal justice costs likely in the tens of millions of dollars annually.
16.B.b
Packet Pg. 1227 Attachment: Prop 36 - LAO Analysis (6640 : Support Prop 36 on November 2024 Statewide Ballot) 1 David Yakobson
From: Peter DiChellis <[email protected]>
Sent: Friday, October 4, 2024 3:00 PM
To: councilmtgitems
Cc: Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre
Subject: Item 16B - Strongly favor
EXTERNAL
Strongly favor supporting Proposition 36, as do the vast majority of voters (per polling data).
It is past time for voters to be heard on the hot mess criminal-friendly politicians have made. The watered-down alternative reforms recently signed into law, which I’m sure some will attempt to defend, were simply a feeble attempt to prevent voters from weighing in.
And what are the costs of rising crime, both the irreparable human costs as well as the financial ones (medical, insurance, property values, business losses, visitor revenue, etc., etc.)??? Sincerely,
Peter DiChellis
Santa Monica 90403
Item 16-B
October 8, 2024
Item 16-B
October 8, 2024
16.B.c
Packet Pg. 1228 Attachment: Written Comments (6640 : Support Prop 36 on November 2024 Statewide Ballot) City Council
Report
City Council Meeting: October 8, 2024
Agenda Item: 16.C
1 of 1
To: Mayor and City Council
From: Nikima Newsome, City Clerk, Records and Election Services Department Subject: Request by Councilmember Davis to direct the City Attorney to prepare and return at the next meeting with an ordinance that would prohibit gifts to Councilmembers, using definitions of gifts and exceptions in the California Political Reform Act, and adding an exception for entry and meals when attending events in an official City capacity.
Prepared By: Nikima Newsome, City Clerk
Approved Forwarded to Council
Attachments:
A. Written Comments
16.C
Packet Pg. 1229
1 David Yakobson
From: Cynthia Rose <[email protected]>
Sent: Tuesday, October 8, 2024 11:57 AM
To: councilmtgitems; Council Mailbox; Gleam Davis; Jesse Zwick; Caroline Torosis; Lana Negrete; Oscar de la Torre; Phil Brock; Christine Parra Cc: David White; [email protected]
Subject: Agenda item 16C Gratuities - support
Attachments: 2024-10 CC item 16C Gratuities.pdf
EXTERNAL
Please find our letter of support attached
Cynthia Rose and Cris Gutierrez
--
Cynthia Rose
Co-Chair
Santa Monica Safe Streets Alliance
SaMoSafeStreets.org
I acknowledge with respect and gratitude the Tongva, Kizh, and Chumash Peoples on whose traditional territory I live and work.
Item 16-C
October 8, 2024
Item 16-C
October 8, 2024
16.C.a
Packet Pg. 1230 Attachment: Written Comments (6681 : Acceptance of Gifts by Councilmembers)
October 8, 2024
RE: Agenda item16C
Dear Mayor and City Council Members:
Following up on our support of the August 27th agenda item in reference to accepting gratuities, the Santa Monica Safe Streets Alliance would again like to express support of this common sense, ethical and accountable approach to preventing any appearance of bias, conflict of interest – or dare we say personal benefit or corruption – would there be acceptance of gratuities by our public officials. Trust is the primary currency of public service, and it is essential for the community to embrace public trust in our staff or elected officials.
To foster and nourish public trust and constructive collaborative leadership, those in authority must set and adhere to a high standard and be an example to those served, in particular to our children and youth and to those new to public engagement.
We agree that it is appropriate to use the definitions of gifts and exceptions in the California Political Reform Act, adding an exception for entry and meals when attending events in an official City capacity.
A vibrant and inclusive city, a destination for world-wide visitors, leads with ethics. Local community stakeholders, the region, and the world at-large are paying attention to Santa Monica’s reputation whose leadership, progressive values and influence on many fronts must be embodied in the norms, practices and habits of those in positions of authority.
We look forward to unanimous approval of the 16C Gratuities Ordinance.
Sincerely,
Cynthia Rose Cris Gutierrez
Co-Chair, Santa Monica Safe Street Alliance Co-Chair, Santa Monica Safe Streets Alliance SaMoSafeStreets.org
Item 16-C
October 8, 2024
Item 16-C
October 8, 2024
16.C.a
Packet Pg. 1231 Attachment: Written Comments (6681 : Acceptance of Gifts by Councilmembers) 2 David Yakobson
From: Jason Mastbaum <[email protected]>
Sent: Tuesday, October 8, 2024 10:16 AM
To: [email protected]
Cc: Phil Brock; Oscar de la Torre; councilmtgitems
Subject: Re: Phil Brock and Oscar de la Torre voted to exempt themselves from ethics as councilmembers--again! (10/8/24 item 1 public comment)
EXTERNAL
They voted to exempt themselves from ethics and now they voted with no explanation to delay imposing gift rules on themselves. Sure seems like you guys should scrutinize candidates more closely if ethics is your number one issue! https://santamonicanext.org/2024/09/brock-negrete-parra-and-de-la-torrevote-to-delay-on-passing-rules-prohibiting-council-from-accepting-tips-for-votes/ On Mon, Sep 23, 2024 at 10:21 AM Jason Mastbaum <[email protected]> wrote:
Hello, Mayor Phil Brock of Santa Monica recently posted on Facebook that he and his slate have secured the Los Angeles Taxpayers Association's endorsement for their city council election bid this year. According to your website, your organization's number one issue is ethical political leadership, so I assume you were not aware that Mayor Brock and Councilmember de la Torre recently voted to exempt themselves from ethics as city councilmembers. https://santamonicanext.org/2024/07/city-councilpunts-on-passing-ethics-rules-for-itself-until-after-election-ponders-possibly-creating-ethics-forfuture-councils Best regards,
Jason
Item 16-C
October 8, 2024
Item 16-C
October 8, 2024
16.C.a
Packet Pg. 1232 Attachment: Written Comments (6681 : Acceptance of Gifts by Councilmembers) 1 David Yakobson
From: [email protected]
Sent: Monday, October 7, 2024 8:35 AM
To: councilmtgitems
Cc: Phil Brock; Lana Negrete; Caroline Torosis; Jesse Zwick; Christine Parra; Oscar de la Torre; Gleam Davis
Subject: Re: Opposition to Item 16.C., City Council Meeting 20/8/2024 5:30 p.m
EXTERNAL
Ms. Davis’s proposal is nothing more than a pointless political stunt less than a month before the election of four members to the Council. She hopes that Mr. Brock and Mr. De La Torre will oppose her proposal, and that such opposition may be used by other candidates to help defeat them.
State law - the California Political Reform Act
(https://www.fppc.ca.gov/content/dam/fppc/NSDocuments/LegalDiv/The%20Political%20Reform%20Act/2024-pra/2024_Act.pdf) - already covers each and every rule, standard and exception in the proposed Ordinance and is applicable to City Council members. It is enforceable by the California Attorney General, which is beneficial since the proposed Ordinance would be enforced by the City Attorney (SM City Charter 708(g)) who would have an actual and apparent conflict of interest. Ironically, Ms. Davis over her career has violated the Act more than any member by failing to timely file required Statements and proposing to vote on matters in which her husband (and she by virtue of marriage) have a substantial financial interest.
Rather than playing into Ms. Davis’s hands and voting in opposition to the proposal, the Council should table the matter until the first meeting of the City Council following the election.
The Council should censure Ms. Davis for attempting to use the Council’s legislative powers purely for political purposes without any legitimate purpose.
Item 16-C
October 8, 2024
Item 16-C
October 8, 2024
16.C.a
Packet Pg. 1233 Attachment: Written Comments (6681 : Acceptance of Gifts by Councilmembers) City Council
Report
City Council Meeting: October 8, 2024
Agenda Item: 16.D
1 of 1
To: Mayor and City Council
From: Nikima Newsome, City Clerk, Records and Election Services Department Subject: Request of Mayor Brock that the City Attorney and City Manager begin the process to amend the Zoning Ordinance to increase the maximum square footage of an Accessory Dwelling Unit (ADU) from 1,000 sq. ft. to 1,200 sq. ft, which is allowable pursuant to state law.
Prepared By: Nikima Newsome, City Clerk
Approved Forwarded to Council
16.D
Packet Pg. 1234
City Council
Report
City Council Meeting: October 8, 2024
Agenda Item: 16.E
1 of 1
To: Mayor and City Council
From: Nikima Newsome, City Clerk, Records and Election Services Department Subject: Request by Councilmember Christine Parra and Vice Mayor Lana Negrete that the City Council consider providing additional support for the 4th Annual Westside Unity Classic Car Show presented by Pico Youth & Family Center (PYFC) that took place on the pier on September 14, 2024 by directing the City Manager to retroactively waive the City’s portion of fees for use of the pier parking lot for PYFC. Waived City fees related to the Westside Unity Classic Car Show include the parking lot buy-out fee in an amount up to $11,880.
Prepared By: Nikima Newsome, City Clerk
Approved Forwarded to Council
16.E
Packet Pg. 1235
City Council
Report
City Council Meeting: October 8, 2024
Agenda Item: 16.F
1 of 1
To: Mayor and City Council
From: Nikima Newsome, City Clerk, Records and Election Services Department Subject: Request of Councilmembers Davis and Zwick that the City Attorney and City Manager review and analyze SB 969, which recently was signed by Governor Newsom, and with due speed take all necessary steps and draft all necessary ordinances and policies that would allow the establishment of an entertainment zone (as that term is defined in SB 969) on the Third Street Promenade in Downtown Santa Monica.
Prepared By: Nikima Newsome, City Clerk
Approved Forwarded to Council
Attachments:
A. California-2023-SB969-Enrolled
B. Written Comments
16.F
Packet Pg. 1236
SENATE BILL NO. 969
ENROLLED AUGUST 29, 2024
PASSED IN SENATE AUGUST 27, 2024
PASSED IN ASSEMBLY AUGUST 26, 2024
AMENDED IN ASSEMBLY AUGUST 22, 2024
AMENDED IN ASSEMBLY AUGUST 19, 2024
CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION
Introduced by Senator Wiener
(Principal coauthors: Assembly Members Haney, Lee, and Pellerin) January 25, 2024
An act to amend Sections 23039.5, 23357, 23358, 23396, and 25690 of, and to add Sections 25691 and 25692 to, the Business and Professions Code, relating to alcoholic beverages.
LEGISLATIVE COUNSEL'S DIGEST
SB 969, Wiener. Alcoholic beverages: entertainment zones: consumption.
The Alcoholic Beverage Control Act contains various provisions regulating the application for, the issuance of, the suspension of, and the conditions imposed upon alcoholic beverage licenses by the Department of Alcoholic Beverage Control. Existing law defines “entertainment zone” for purposes of the act as a zone created by ordinance on or after January 1, 2024, in the City and County of San Francisco, that authorizes consumption of one or more types of alcoholic beverages on public streets, sidewalks, or public rights-of-way adjacent to and during a special event permitted or licensed by the department. Existing law authorizes the City and County of San Francisco to establish an entertainment zone, subject to certain requirements, including providing specified information relating to the entertainment zone to the department and establishing a process or procedure by which persons in possession of alcoholic beverages in the entertainment zone may be readily identifiable as being 21 years of age or older.
This bill would, instead, define “entertainment zone” as a zone created by a city, county, or city and county ordinance on or after January 1, 2025, that authorizes consumption of one or more types of alcoholic beverages on public streets, sidewalks, or public rights-of-way. The bill would additionally authorize any city, county, or city and county to establish an entertainment zone, subject to the above-described requirements. Before enacting an ordinance to establish or modify an entertainment zone, the bill would require a city, county, or city and county to notify local law enforcement and request feedback about specific information, including, among others, the entertainment zone’s proposed boundaries and days and hours of operation. The bill would require a city, county, or city and county that establishes an entertainment zone, or its designated subordinate officer or body, to review the operation of the entertainment zone every 2 years following the adoption of the entertainment zone, as specified, and to make any reports produced during the review available to the department upon request.
Existing law authorizes a licensed beer manufacturer, a licensed winegrower, and any on-sale licensee to permit consumers to leave the premises with open containers of alcoholic beverages for consumption off the premises 9/30/24, 2:49 PM California-2023-SB969-Enrolled
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16.F.a
Packet Pg. 1237 Attachment: California-2023-SB969-Enrolled (6698 : SB 969 Entertainment Districts) within an entertainment zone, subject to certain conditions. Existing law specifies that a licensed beer manufacturer, a licensed winegrower, and any on-sale licensee whose privileges are restricted due to operating conditions or other statutory restrictions may be prohibited from exercising entertainment zone privileges that are contrary to their operating conditions. For this purpose, existing law requires any restrictions on the exercise of off-sale privileges to apply to the removal of alcoholic beverages from the licensed premises for consumption in the entertainment zone.
This bill would, instead, prohibit any restrictions on the exercise of off-sale privileges from applying to the removal of open alcoholic beverages from the licensed premises for consumption in the entertainment zone.
This bill would incorporate additional changes to Section 23358 of the Business and Professions Code proposed by AB 2177 to be operative only if this bill and AB 2177 are enacted and this bill is enacted last.
Digest Key
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: no Bill Text
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS
FOLLOWS:
SECTION 1. Section 23039.5 of the Business and Professions Code is amended to read:
23039.5. “Entertainment zone” means a zone created by a city, county, or city and county ordinance on or after January 1, 2025, that authorizes consumption of one or more types of alcoholic beverages on public streets, sidewalks, or public rights-of-way.
SEC. 2. Section 23357 of the Business and Professions Code is amended to read:
23357. (a) A licensed beer manufacturer may, at the licensed premises of production, sell to consumers for consumption off the premises beer that is produced and bottled by, or produced and packaged for, that manufacturer. Licensed beer manufacturers may also exercise any of the following privileges:
(1) Sell that beer to any person holding a license authorizing the sale of beer. (2) Sell that beer to consumers for consumption on the manufacturer’s licensed premises or on premises owned by the manufacturer that are contiguous to the licensed premises and which are operated by and for the manufacturer.
(3) Sell beer and wine, regardless of source, to consumers for consumption at a bona fide public eating place on the manufacturer’s licensed premises or at a bona fide public eating place on premises owned by the manufacturer which are contiguous to the licensed premises and which are operated by and for the manufacturer.
(4) (A) Permit consumers to leave the premises with open containers of alcoholic beverages for consumption off the premises within an entertainment zone if all of the following conditions are satisfied:
(i) The premises is located within the entertainment zone. 9/30/24, 2:49 PM California-2023-SB969-Enrolled
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Packet Pg. 1238 Attachment: California-2023-SB969-Enrolled (6698 : SB 969 Entertainment Districts) (ii) Consumption of that type of alcoholic beverage is authorized by the ordinance creating the entertainment zone.
(iii) Open alcohol containers only leave the premises during the hours allowed by the ordinance establishing the entertainment zone.
(iv) Patrons with open containers exit the premises directly into an entertainment zone. (v) All alcoholic beverages in the entertainment zone are purchased only at a licensed premises located within the entertainment zone.
(vi) The premises expressly prohibits open containers or closed containers of alcoholic beverages acquired outside their premises.
(vii) Delivery of alcoholic beverages to consumers within the entertainment zone by the licensee or by any third-party delivery service is expressly prohibited unless the delivery is to a residential building or private business that is not a licensee.
(viii) No alcoholic beverages purchased at the licensed premises may leave the premises in an open glass or metal container for consumption in an entertainment zone. (ix) The licensee annually submits their notice of intent to participate in an open container entertainment zone to the department.
(B) This paragraph does not require a licensee to sell any alcoholic beverage for consumption off the premises within an entertainment zone.
(C) Licensees whose privileges are restricted due to operating conditions or other statutory restrictions may be prohibited from exercising entertainment zone privileges that are contrary to their operating conditions. For purposes of this paragraph, any restrictions on the exercise of off-sale privileges shall not apply to the removal of open alcoholic beverages from the licensed premises for consumption in the entertainment zone.
(b) Notwithstanding any other provision of this division, licensed beer manufacturers and holders of out-of-state beer manufacturer’s certificates may be issued and may hold retail package off-sale beer and wine licenses.
Alcoholic beverage products sold at or from the off-sale premises that are not produced and bottled by, or produced and packaged for, the beer manufacturer shall be purchased by the beer manufacturer only from a licensed wholesaler.
(c) Notwithstanding any other provision of this division, a licensed beer manufacturer may manufacture cider or perry at the licensed premises of production and may sell cider or perry to any licensee authorized to sell wine.
For purposes of this subdivision, “cider” and “perry” have the meanings provided in Section 4.21(e)(8) of Title 27 of the Code of Federal Regulations. This subdivision does not alter or amend the classification of cider or perry as wine for any purpose other than that provided by this section. (d) A beer manufacturer may also have upon the licensed premises, or on premises owned by the manufacturer that are contiguous to the licensed premises and are operated by and for the manufacturer all beers and wines, regardless of source, for sale or service only to guests during private events or private functions not open to the general public. Alcoholic beverage products sold at the premises that are not produced and bottled by, or produced and packaged for, the beer manufacturer shall be purchased by the beer manufacturer only from a licensed wholesaler. All alcoholic beverages sold or served shall be produced by a licensee authorized to manufacture the product.
SEC. 3. Section 23358 of the Business and Professions Code is amended to read:
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Packet Pg. 1239 Attachment: California-2023-SB969-Enrolled (6698 : SB 969 Entertainment Districts) 23358. (a) Licensed winegrowers, notwithstanding any other provisions of this division, may also exercise the following privileges:
(1) Sell wine and brandy to any person holding a license authorizing the sale of wine or brandy. (2) Sell wine and brandy to consumers for consumption off the premises where sold. (3) Sell wine to consumers for consumption on the premises. (4) Sell all beers, wines, and brandies, regardless of source, to consumers for consumption on the premises in a bona fide eating place as defined in Section 23038, which is located on the licensed premises or on premises owned by the licensee that are contiguous to the licensed premises and which is operated by and for the licensee. At such a bona fide public eating place, beer, wine, and brandy may be used in the preparation of food and beverages to be consumed on the premises.
(5) (A) Permit consumers to leave the premises with open containers of alcoholic beverages for consumption off the premises within an entertainment zone if all of the following conditions are satisfied:
(i) The premises is located within the entertainment zone. (ii) Consumption of that type of alcoholic beverage is authorized by the ordinance creating the entertainment zone.
(iii) Open alcohol containers only leave the premises during the hours allowed by the ordinance establishing the entertainment zone.
(iv) Patrons with open containers exit the premises directly into an entertainment zone. (v) All alcoholic beverages in the entertainment zone are purchased only at a licensed premises located within the entertainment zone.
(vi) The premises expressly prohibits open containers or closed containers of alcoholic beverages acquired outside their premises.
(vii) Delivery of alcoholic beverages to consumers within the entertainment zone by the licensee or by any third-party delivery service is expressly prohibited unless the delivery is to a residential building or private business that is not a licensee.
(viii) No alcoholic beverages purchased at the licensed premises may leave the premises in an open glass or metal container for consumption in an entertainment zone. (ix) The licensee annually submits their notice of intent to participate in an open container entertainment zone to the department.
(B) This paragraph does not require a licensee to sell any alcoholic beverage for consumption off the premises within an entertainment zone.
(C) Licensees whose privileges are restricted due to operating conditions or other statutory restrictions may be prohibited from exercising entertainment zone privileges that are contrary to their operating conditions. For purposes of this paragraph, any restrictions on the exercise of off-sale privileges shall not apply to the removal of open alcoholic beverages from the licensed premises for consumption in the entertainment zone.
(6) Produce spirits of wine and blend those spirits of wine into wine produced by the winegrower or sell those spirits of wine to an industrial alcohol dealer or a distilled spirits manufacturer. 9/30/24, 2:49 PM California-2023-SB969-Enrolled
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16.F.a
Packet Pg. 1240 Attachment: California-2023-SB969-Enrolled (6698 : SB 969 Entertainment Districts) (b) A winegrower may also have upon the premises all beers, wines, and brandies, regardless of source, for sale or service only to guests during private events or private functions not open to the general public. Alcoholic beverage products sold at the premises that are not produced and bottled by, or produced and packaged for, the winegrower shall be purchased by the winegrower only from a licensed wholesaler. (c) A winegrower shall actually produce on the winegrower’s licensed premises by conversion of grapes, berries, or other fruit, into wine, not less than 50 percent of all wines sold to consumers on the winegrower’s licensed premises and any licensed branch premises.
(d) The department may, if it shall determine for good cause that the granting of any such privilege would be contrary to public welfare or morals, deny the right to exercise any on-sale privilege authorized by this section in either a bona fide eating place the main entrance to which is within 200 feet of a school or church, or on the licensed winery premises, or both.
(e) Nothing in this section or in Section 23390 is intended to alter, diminish, replace, or eliminate the authority of a county, city, or city and county from exercising land use regulatory authority by law to the extent the authority may restrict, but not eliminate, privileges afforded by these sections.
SEC. 3.5. Section 23358 of the Business and Professions Code is amended to read:
23358. (a) Licensed winegrowers, notwithstanding any other provisions of this division, may also exercise the following privileges:
(1) Sell wine and brandy to any person holding a license authorizing the sale of wine or brandy. (2) Sell wine and brandy to consumers for consumption off the premises where sold. (3) Sell wine to consumers for consumption on the premises. (4) Sell all beers, wines, and brandies, regardless of source, to consumers for consumption on the premises in a bona fide eating place as defined in Section 23038, which is located on the licensed premises or on premises owned by the licensee that are contiguous to the licensed premises and which is operated by and for the licensee. At such a bona fide public eating place, beer, wine, and brandy may be used in the preparation of food and beverages to be consumed on the premises.
(5) (A) Permit consumers to leave the premises with open containers of alcoholic beverages for consumption off the premises within an entertainment zone if all of the following conditions are satisfied:
(i) The premises is located within the entertainment zone. (ii) Consumption of that type of alcoholic beverage is authorized by the ordinance creating the entertainment zone.
(iii) Open alcohol containers only leave the premises during the hours allowed by the ordinance establishing the entertainment zone.
(iv) Patrons with open containers exit the premises directly into an entertainment zone. (v) All alcoholic beverages in the entertainment zone are purchased only at a licensed premises located within the entertainment zone.
(vi) The premises expressly prohibits open containers or closed containers of alcoholic beverages acquired outside their premises.
(vii) Delivery of alcoholic beverages to consumers within the entertainment zone by the licensee or by any third-party delivery service is expressly prohibited unless the delivery is to a residential building or private business that is not a licensee.
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16.F.a
Packet Pg. 1241 Attachment: California-2023-SB969-Enrolled (6698 : SB 969 Entertainment Districts) (viii) No alcoholic beverages purchased at the licensed premises may leave the premises in an open glass or metal container for consumption in an entertainment zone. (ix) The licensee annually submits their notice of intent to participate in an open container entertainment zone to the department.
(B) This paragraph does not require a licensee to sell any alcoholic beverage for consumption off the premises within an entertainment zone.
(C) Licensees whose privileges are restricted due to operating conditions or other statutory restrictions may be prohibited from exercising entertainment zone privileges that are contrary to their operating conditions. For purposes of this paragraph, any restrictions on the exercise of off-sale privileges shall not apply to the removal of open alcoholic beverages from the licensed premises for consumption in the entertainment zone.
(6) Produce spirits of wine and blend those spirits of wine into wine produced by the winegrower or sell those spirits of wine to an industrial alcohol dealer or any person holding a license authorizing the manufacture or rectification of distilled spirits.
(b) A winegrower may also have upon the premises all beers, wines, and brandies, regardless of source, for sale or service only to guests during private events or private functions not open to the general public. Alcoholic beverage products sold at the premises that are not produced and bottled by, or produced and packaged for, the winegrower shall be purchased by the winegrower only from a licensed wholesaler. (c) A winegrower shall actually produce on the winegrower’s licensed premises by conversion of grapes, berries, or other fruit, into wine, not less than 50 percent of all wines sold to consumers on the winegrower’s licensed premises and any licensed branch premises.
(d) The department may, if it shall determine for good cause that the granting of any such privilege would be contrary to public welfare or morals, deny the right to exercise any on-sale privilege authorized by this section in either a bona fide eating place the main entrance to which is within 200 feet of a school or church, or on the licensed winery premises, or both.
(e) Nothing in this section or in Section 23390 is intended to alter, diminish, replace, or eliminate the authority of a county, city, or city and county from exercising land use regulatory authority by law to the extent the authority may restrict, but not eliminate, privileges afforded by these sections.
SEC. 4. Section 23396 of the Business and Professions Code is amended to read:
23396. (a) Any on-sale license authorizes the sale of the alcoholic beverage specified in the license for consumption on the premises where sold. No alcoholic beverages, other than beers, may be sold or served in any bona fide public eating place for which an on-sale license has been issued unless the premises comply with the requirements prescribed in Section 23038, 23038.1, 23038.2, or 23038.3. (b) (1) In addition to the privilege in subdivision (a), any on-sale license for a premises located in an entertainment zone authorizes the licensee to permit consumers to leave the licensed premises with open containers of alcoholic beverages for consumption off the premises within the entertainment zone if all of the following conditions are satisfied:
(A) The alcoholic beverage is specified in both the license and the ordinance creating the entertainment zone.
(B) Open alcohol containers only leave the premises during the hours allowed by the ordinance establishing the entertainment zone.
(C) Patrons with open containers exit the licensed premises directly into an entertainment zone. 9/30/24, 2:49 PM California-2023-SB969-Enrolled
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16.F.a
Packet Pg. 1242 Attachment: California-2023-SB969-Enrolled (6698 : SB 969 Entertainment Districts) (D) All alcoholic beverages in the entertainment zone are purchased only at a licensed premises located within the entertainment zone.
(E) The premises expressly prohibits open containers or closed containers of alcoholic beverages acquired outside their premises.
(F) Delivery of alcoholic beverages to consumers within the entertainment zone by the licensee or by any third-party delivery service is expressly prohibited unless the delivery is to a residential building or private business that is not a licensee.
(G) No alcoholic beverages purchased at the licensed premises may leave the premises in an open glass or metal container for consumption in an entertainment zone. (H) The licensee annually submits their notice of intent to participate in an open container entertainment zone to the department.
(2) This subdivision does not require a licensee to sell any alcoholic beverage for consumption off the premises within an entertainment zone.
(3) Licensees whose privileges are restricted due to operating conditions or other statutory restrictions may be prohibited from exercising entertainment zone privileges that are contrary to their operating conditions. For purposes of this paragraph, any restrictions on the exercise of off-sale privileges shall not apply to the removal of open alcoholic beverages from the licensed premises for consumption in the entertainment zone.
SEC. 5. Section 25690 of the Business and Professions Code is amended to read:
25690. A city, county, or city and county that establishes an entertainment zone shall do both of the following:
(a) Establish a process or procedure by which persons in possession of alcoholic beverages in the entertainment zone may be readily identifiable as being 21 years of age or older. (b) Upon establishing or modifying the entertainment zone, provide all of the following to the department:
(1) A copy of the ordinance establishing or modifying the entertainment zone. (2) Information as may be necessary to identify the boundaries of the entertainment zone. (3) The days and hours of operation of the entertainment zone. (4) The types of alcoholic beverages permitted within the entertainment zone. (5) The approved nonglass and nonmetal containers in which alcoholic beverages may be authorized.
SEC. 6. Section 25691 is added to the Business and Professions Code, to read:
25691. (a) An ordinance establishing or modifying an entertainment zone shall not authorize consumption of alcoholic beverages during the hours in which sales of alcoholic beverages are prohibited under Section 25631. (b) An ordinance establishing or modifying an entertainment zone may only authorize consumption of alcoholic beverages during the hours in which at least one licensee within the boundaries of the entertainment zone is permitted to sell alcoholic beverages for consumption on the premises.
SEC. 7. Section 25692 is added to the Business and Professions Code, to read:
25692. (a) Before enacting an ordinance to establish or modify an entertainment zone, a city, county, or city and county shall notify local law enforcement and request feedback about both of the following:
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Packet Pg. 1243 Attachment: California-2023-SB969-Enrolled (6698 : SB 969 Entertainment Districts) (1) Potential health and safety impacts that might be generated by the entertainment zone and strategies to mitigate those impacts.
(2) The entertainment zone’s proposed boundaries, days and hours of operation, types of alcoholic beverages permitted, and approved nonglass and nonmetal containers. (b) A city, county, or city and county that establishes an entertainment zone, or its designated subordinate officer or body, shall review the operation of the entertainment zone every two years following the adoption of the entertainment zone to ensure that the entertainment zone is being maintained in a manner that protects the health and safety of the general public. This review shall be conducted in consultation with local law enforcement agencies and any reports produced during the review shall be made available to the department upon request.
SEC. 8. Section 3.5 of this bill incorporates amendments to Section 23358 of the Business and Professions Code proposed by both this bill and Assembly Bill 2177. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2025, (2) each bill amends Section 23358 of the Business and Professions Code, and (3) this bill is enacted after Assembly Bill 2177, in which case Section 3 of this bill shall not become operative.
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16.F.a
Packet Pg. 1244 Attachment: California-2023-SB969-Enrolled (6698 : SB 969 Entertainment Districts) 1 David Yakobson
From: Cynthia Rose <[email protected]>
Sent: Tuesday, October 8, 2024 12:03 PM
To: councilmtgitems; Council Mailbox; Gleam Davis; Jesse Zwick; Caroline Torosis; Lana Negrete; Oscar de la Torre; Phil Brock; Christine Parra Cc: David White; [email protected]
Subject: Agenda item 16F - support
Attachments: 2024-10 CC agenda item 16F entertainment zones.pdf
EXTERNAL
Dear Mayor and Council
Please find our attached letter in support of taking the necessary steps and drafting the necessary ordinances and required policies that would allow the establishment of an entertainment zone (as that term is defined in SB 969) in Santa Monica.
Cynthia Rose and Cris Gutierrez
--
Cynthia Rose
Co-Chair
Santa Monica Safe Streets Alliance
SaMoSafeStreets.org
I acknowledge with respect and gratitude the Tongva, Kizh, and Chumash Peoples on whose traditional territory I live and work.
Item 16-F
October 8, 2024
Item 16-F
October 8, 2024
16.F.b
Packet Pg. 1245 Attachment: Written Comments [Revision 1] (6698 : SB 969 Entertainment Districts)
October 8, 2024
RE: Agenda item 16F Entertainment Zones Support
Dear Mayor and City Council Members:
The Santa Monica Safe Streets Alliance supports taking the necessary steps and drafting the necessary ordinances and required policies that would allow the establishment of an entertainment zone (as that term is defined in SB 969) in Santa Monica. We encourage beginning on but not limiting the zone to the Third Street Promenade in Downtown Santa Monica with the potential to expand to other entertainment zones around the city.
This legislation allows Santa Monica to support local business with vibrant, contained entertainment areas.
Additionally we believe crafting a policy to allow for flexible, easy, temporary or pop-up entertainment zones should also be considered to align with this new law and streamline permitting for events like open street celebrations.
These entertainment zones can add to a fun, socially cohesive Santa Monica community while benefiting our local economy.
Sincerely,
Cynthia Rose Cris Gutierrez
Co-Chair, Santa Monica Safe Street Alliance Co-Chair, Santa Monica Safe Streets Alliance SaMoSafeStreets.org
Item 16-F
October 8, 2024
Item 16-F
October 8, 2024
16.F.b
Packet Pg. 1246 Attachment: Written Comments [Revision 1] (6698 : SB 969 Entertainment Districts) 1 David Yakobson
From: Peter DiChellis <[email protected]>
Sent: Friday, October 4, 2024 3:02 PM
To: councilmtgitems
Cc: Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre
Subject: Item 16F - Requires more study
EXTERNAL
There is too much open alcohol consumption on the Promenade now, primarily by derelicts.
Before legalizing more of it, make sure Police and Promenade businesses are in agreement re: “Permit consumers to leave the premises with open containers of alcoholic beverages for consumption off the premises within an entertainment zone”
Sincerely,
Peter DiChellis
Santa Monica 90403
Item 16-F
October 8, 2024
Item 16-F
October 8, 2024
16.F.b
Packet Pg. 1247 Attachment: Written Comments [Revision 1] (6698 : SB 969 Entertainment Districts)