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SR 05-09-2023 11C City Council Report City Council Meeting: May 9, 2023 Agenda Item: 11.C 1 of 7 To: Mayor and City Council From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Consideration of a Settlement Agreement between the City of Santa Monica and WS Communities, LLC and its affiliates (“WS”), consistent with the City’s 6th Cycle (2021-2029) Housing Element for applicants that have asserted eligibility for processing under the “Builder’s Remedy” provision of the Housing Accountability Act (“HAA”), California Government Code section 65589.5(d) Recommended Actions Staff recommends that the City Council: 1. Adopt a finding that no subsequent environmental review is required pursuant to California Environmental Quality Act (CEQA) and CEQA Guidelines: a. CEQA Guideline §15378(b) and (c); Pub. Res. Code § 21065 b. CEQA Guideline § 15061(b)(3) c. CEQA Guideline § 15168, 15162 2. Approve the Settlement Agreement between the City of Santa Monica and WS, the owners of the following properties: 1437 6th Street, 601 Colorado Avenue, 1518-24 7th Street, 1443 Lincoln Boulevard, 3030 Nebraska Avenue, 2901 Santa Monica Boulevard, 1415-27 5th Street, 1557 7th Street, 1238 7th Street, 1925 Broadway, 1433-37 Euclid Street, 1238-42 10th Street, 1007 Lincoln Boulevard, and 1038 10th Street. Discussion On May 9, 2023, the Santa Monica City Council will consider approval of a Settlement Agreement with WS, the owners of the following properties: 1437 6th street, 601 Colorado Avenue, 1518-24 7th Street, 1443 Lincoln Boulevard, 3030 Nebraska Avenue, 2901 Santa Monica Boulevard, 1415-27 5th Street, 1557 7th Street, 1238 7th Street, 1925 Broadway, 1238-1242 10th Street, 1007 Lincoln Boulevard, 1038 10th Street. The Settlement Agreement addresses the status of thirteen pending applications filed by WS to develop housing under the provisions of the Builder’s Remedy statute of the HAA 11.C Packet Pg. 1452 2 of 7 (Government Code Section 65589.5(d)) (the “BR Projects”). See Attachment A. The City and owners disagree on the applicability of the Builder’s Remedy statute. On April 11, 2023, the City Council adopted the ordinances necessary to implement the certified Housing Element, in conjunction with the Housing Element Environmental Impact Report (EIR) [SCH No. 2020100575] that was certified by Council on October 12, 2021, with an Addendum to the EIR approved on October 11, 2022. Consequently, the parties have elected to settle various disputes involving the BR Projects and unrelated litigation. Specifically, the parties have agreed to settle pending litigation against each other pertaining to the City’s leasing ordinance (requiring leasing periods of no less than one year) and alleged violations of consumer and tenant protection laws by the City against certain of the WS affiliates. The Settlement Agreement provides financial benefits for three recently displaced tenants of 1242 10th Street and guarantees them the right to return. The Settlement Agreement would also authorize the transfer of 20 deed-restricted affordable units from 1560 Lincoln Blvd to 1038-42 10th Street. The Settlement Agreement also includes a completely optional component that the City is under no obligation to pursue and that provides reciprocal benefits to the parties independent of the other provisions of the Settlement Agreement discussed above. Under the optional provisions, the City may adopt an ordinance that contemplates WS’s use of the ministerial development process already authorized in the Housing Element implementing ordinance adopted on April 11, 2023 in conjunction with the following local incentives that would allow (i) a 15% inclusionary requirement f or the development of off-site affordable housing units, giving the owners more flexibility to pool off-site affordable housing units into one 100% affordable housing project to satisfy off -site inclusionary requirements for multiple market-rate projects, (ii) the grant of State density bonus waivers and concessions for the market rate projects as if the off-site units were provided on-site, and (iii) an increase in the Downtown Community Plan maximum parking requirement from 0.5 to 1.0 spaces. If adopted, these incentives would further facilitate the owners’ voluntary use of the ministerial development process previously authorized in the April 11, 2023 ordinance rather than the Builder’s Remedy. 11.C Packet Pg. 1453 3 of 7 As part of the Settlement Agreement, the owners’ have the o ption to suspend the BR Project applications, and, instead, file thirteen new multi-family housing projects that would qualify for ministerial approvals under the ordinances implementing the certified Housing Element adopted on April 11, 2023 with the additional incentives authorized by the State Density Bonus Law and, potentially, the local incentives discussed above if the City Council elects to ultimately adopt the ordinance. If WS elects to file the ministerial administrative approval applications in lieu of the Builders Remedy projects the City would process the new applications on an expedited basis. The thirteen BR Project applications would be permanently withdrawn if the ministerial approvals are granted. The BR Project Applications for 1038 10th Street, 1238-42 10th Street, and 1007 Lincoln Blvd would be withdrawn without replacement applications. The BR Project Application for 1433-47 Euclid Street would remain outside the Settlement Agreement and proceed through the discretionary review process. The overall result is that WS will utilize the Housing Element implementing ordinances with expedited processing rather than the Builder’s Remedy statute to develop housing, and the housing built by the owners will satisfy a significant portion of the City’s regional housing needs, as planned in its certified Housing Element. Additionally, three tenants will have the right to return to their units with financial compensation. Environmental Review The Settlement Agreement is not subject to the California Environmental Quality Act (Public Resources Code Sections 21000 et seq. [“CEQA”] and 14 Cal. Code of Regulations Sections 15000 et seq. [“CEQA Guidelines”]) because it is not a “Project” pursuant to CEQA Section 21065 and 21080 and CEQA Guidelines Section 15378. Under these provisions, a “Project” under CEQA involves agency action that has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. 11.C Packet Pg. 1454 4 of 7 The Settlement Agreement involves neither a direct or reasonably foreseeable indirect physical change in the environment. First, the resolution of litigation does not cause any direct or reasonably foreseeable indirect environmental impacts, nor does providing tenant benefits including financial benefits or the right to return. Second, the transfer of the deed restriction for the 20 Affordable Units from 1560 Lincoln Blvd to 1038 -42 10th Street would not involve any changes to the number of units provided or result in an y new construction and would only cause the deed restriction to be recorded against a different existing residential property. Therefore, no direct or reasonably foreseeable indirect environmental impacts would result from recording the deed restriction fo r a different property. Third, the Settlement Agreement’s expedited processing mandate would have no possible environmental implications and is merely a procedural and administrative benefit associated with the ministerial process already adopted for certa in housing projects as part of the Housing Element Update related ordinances. Thus, nothing in the Settlement Agreement would increase potential development intensity or capacity or result in any foreseeable direct or indirect environmental impacts. Finally, the optional ordinance would also not result in direct or reasonably foreseeable indirect environmental impacts. At this time, the adoption of the ordinance is optional and therefore speculative and subject to the discretion and independent judgement o f City decision makers. Even if the City ultimately adopts the ordinance, the Settlement Agreement requires consistency with the 6th Cycle Housing Element. Based upon this analysis, the following findings are made to support the determination that the Settlement Agreement is not a Project and therefore not subject to CEQA: 1) Pursuant to CEQA Guideline Section 15378(b) and (c); CEQA Section 21065 , the Settlement Agreement is not a Project because it contemplates a process for approving housing projects that are already subject to ministerial approvals and proposed at intensities already permitted through the Housing Element and analyzed under the Housing Element EIR and Addendum; settles litigation, provides tenant benefits, and transfers affordability covenants from one site to another. The Settlement Agreement only establishes processing parameters, does not contemplate increased 11.C Packet Pg. 1455 5 of 7 development rights, and does not confer any benefits that have either a direct or indirect effect on the environment. In addition, even if the Settlement Agreement is considered subject to CEQA, it is subject to the commonsense exemption under CEQA Guideline §15061(b)(3). The commonsense exemption under CEQA applies 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 activity is not subject to CEQA. As described above the Settlement Agreement would not result in any direct or reasonably foreseeable indirect environmental impacts. Additionally, the following findings are also made to support the determination that the Settlement Agreement is exempt from CEQA: 2) Pursuant to CEQA Guideline §15061(b)(3) the approval of the Settlement Agreement does not have the potential for causing a significant effect on the environment because it contemplates a process for approving housing projects that are already subject to ministerial approvals and proposed at intensities already permitted through the Housing Element and analyzed under the Housing Element EIR and Addendum; settles litigation, provides tenant benefits, and transfers affordability covenants from one site to another. The Settlement Agreement only establishes processing parameters, does not contemplate increased development rights, and does not confer any benefits that have an effect on the environment. Based upon this analysis, the following findings are made to support the determination that no subsequent environmental review is required: 3) CEQA Guideline § 15168; 15162 based on a determination that the Settlement Agreement is consistent with implementation of the 2021 -2029 6th Cycle Housing Element, which actions were analyzed in the Environmental Impact Report (EIR) [SCH No. 2020100575] that was certified by Council on October 12, 2021 w ith an Addendum to the EIR approved on October 11, 2022. 11.C Packet Pg. 1456 6 of 7 a) No substantial changes are proposed in the project which will require major revisions of the previous EIR and Addendum due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. In this case, there are no changes to the project. b) No substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous addendum due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. In this case, no substantial changes have occurred. c) There is no new information, which was not known and could not have been known at the time of the previous EIR and Addendum that the project will have significant effect not discussed in the EIR and Addendum. Based upon these findings, it has been determined that no further env ironmental documentation is required for approval of the Settlement Agreement. Past Council Actions Meeting Date Description October 11, 2022 Adoption of Resolution Amending the 6th Cycle (2021-2029) Housing Element to the City’s General Plan and Approval of Addendum to the Final Environmental Impact Report for the 6th Cycle (2021-2029) Housing Element February 22 and February 28, 2023 Study Session on Implementation of 6th Cycle (2021-2029) Housing Element Programs March 21, 2023 and April 11, 2023 Adoption of a finding that various amendments necessary to implement the City’s Certified 6th Cycle (2021-2029) Housing Element were analyzed as part of the 2021-2029 6th Cycle Housing Element Environmental Impact Report (EIR) and Addendum, and no further review pursuant to the California Environmental Quality Act (CEQA) is required. 11.C Packet Pg. 1457 7 of 7 First and Second Reading, as required: Adoption of ordinances for amendments to the LUCE, DCP, BAP, and Zoning Ordinance, LUCE designation map, and Zoning Districting Map, LUCE designation map, and Zoning Districting Map implementing Certified 6th Cycle (2021-2029) Housing Element programs. Effective Date of Action The Settlement Agreement would take effect immediately upon execution of the document by all parties. Financial Impacts and Budget Actions There is no immediate financial impact or budget action necessary as a result of the recommended action. Prepared By: Susan Cola, Assistant City Attorney Approved Forwarded to Council Attachments: A. Attachment A - Project List B. October 11, 2022 City Council Meeting (Web Link) C. February 22, 2023 City Council Meeting (Web Link) D. February 28, 2023 City Council Meeting (Web Link) E. March 21, 2023 City Council Meeting (Web Link) F. April 11, 2023 City Council Meeting (Web Link) G. ITEM.11.C.Written Comments H. PowerPoint Presentation 11.C Packet Pg. 1458 Attachment A List of Pending Builder’s Remedy Applications Owned by WS Communities LLC Pending Builder's Remedy Projects Owned by WS Communities LLC, May 2023 Site Size (sf)Total Proposed Units Affordable Units # of Stories Proposed Project FAR Preliminary SB330 Application # Formal (Development Review Permit) Application # Preliminary Application Submittal Date Formal (Development Review Permit) Application Submittal Date 1925 Broadway 30,000 405 81 18 10.91 22ENT-0259 23ENT-0031 10/7/2022 2/28/2023 1007 Lincoln Blvd 7,500 95 19 15 n/a 22ENT-0268 23ENT-0066 10/13/2022 4/7/2023 1038 10th St 7,500 95 19 14 n/a 22ENT-0269 23ENT-0065 10/13/2022 4/7/2023 1238-1242 10th St 15,000 200 40 18 n/a 22ENT-0266 23ENT-0055 10/11/2022 3/29/2023 1433 Euclid St***15,000 200 40 18 10.48 22ENT-0267 23ENT-0022 10/11/2022 2/10/2023 1518-1524 7th St 22,500 200 40 11 6.34 22ENT-0249 23ENT-0041 9/30/2022 3/9/2023 1441-1443 Lincoln Blvd 15,000 170 34 16 9.32 22ENT-0251 23ENT-0009 9/30/2022 1/16/2023 2901 Santa Monica Blvd 19,125 190 38 12 6.45 22ENT-0256 23ENT-0051 10/6/2022 3/24/2023 3030 Nebraska (aka 3000 Nebraska Ave)142,721 1601 321 15 6.55 22ENT-0257 23ENT-0050 10/6/2022 3/24/2023 1238 7th St 7,500 75 15 10 4.125 22ENT-0258 22ENT-0312 10/7/2022 12/9/2022 1433-1437 6th St 15,000 170 34 16 8.1 22ENT-0247 22ENT-0319 9/30/2022 12/22/2022 1425 5th St (aka 1435 5th St)37,500 375 75 13 6.35 22ENT-0255 23ENT-0056 10/6/2022 3/29/2023 1557 7th St (aka 707 Colorado Ave)22,500 200 40 16 6.28 22ENT-0254 23ENT-0028 10/6/2022 2/23/2023 601 Colorado Ave 22,500 200 40 15 8.1 22ENT-0248 23ENT-0012 9/30/2022 1/19/2023 Total 4176 836 ***Project owned by WS Communities LLC and not subject to the Settlement Agreement between the City of Santa Monica and WS Communities LLC. 11.C.a Packet Pg. 1459 Attachment: Attachment A - Project List (5756 : NMS Settlement) From:Beatrice Felix To:Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; Council Mailbox Cc:councilmtgitems; David White; Douglas Sloan; David Martin Subject:Oppose Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects for lack of critical information in the staff report and insufficient time for the public to weigh in Date:Monday, May 8, 2023 1:11:44 PM EXTERNAL All our elected leaders, Santa Monica residents want to understand the ramifications of this settlement and want the Council to understand them BEFORE approving any settlement. Please do not rush this through and continue to choke our city with unbrideled growth at the expense of your constituents and to line the pockets of developers. It's already out of hand - let's get things under control. Let's recognize that this is NOT a one-off settlement between a developer and the City over one site. WSC owns 14 builder's remedy sites throughout the City and this settlement apparently would greenlight the construction of 1000s of housing units. Its impacts will be far reaching for generations. Please do not move forward with any settlement with WSC until you have adequate answers to these issues and you can explain to residents what our City will look like if this settlement is approved, why it's in the interests of the City to approve it, and when it's anticipated that these expedited projects would come online. Thank you. Beatrice Felix Thomas Hartman ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1460 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Sil Richardson To:Gleam Davis; Lana Negrete; Christine Parra; Oscar de la Torre; Phil Brock; Caroline Torosis; Jesse Zwick; councilmtgitems Subject:: City Council mtg. 5/9: Item 11C - SUPPORT SETTLEMENT AGREEMENT REGARDING BUILDER"S REMEDY Date:Monday, May 8, 2023 1:42:33 PM EXTERNAL > Members, > > I live on 2nd Street in the Wilmont neighborhood and I support and hope you vote yes on the settlement agreement with WS Communities. I appreciate that the agreement has 1038 10th Street, 1238-42 10th Street and 1007 Lincoln Blvd being withdrawn for BR projects and will not have replacement applications. > > I still am concerned about the other 10 WS Communities projects and STRONGLY REQUEST that the council have city staff outline for these buildings that would qualify for ministerial approval what would be maximum height and FAR, maximum number of units possible, number of affordable units and parking allowed for all these projects BEFORE voting on the settlement. > > Finally, as a member of a community with over 80% rental units, I want the city to ensure that the 20 deed- restricted affordable units between transferred from 1560 Lincoln Blvd. to 1038-42 10th Street DO NOT DISPLACE ANY RENT CONTROL RESIDENTS. The worst thing we can do is lose rent-control units/residents to displacement because of the builder's remedy debacle. > Thank-you, > > Silvana Richardson > > The city council meeting that has this settlement agreement for discussion > Sent from my iPhone ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1461 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) 1 Xavier Mota From:Council Mailbox Sent:Monday, May 8, 2023 3:02 PM To:councilmtgitems Subject:Fw: Oppose Staff Administrative Item 11-C Oppose Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects for lack of critical information in the staff report and insufficient time for the public to weigh in.   From: Brian (3ribG) <thirdrib@g.ucla.edu>  Sent: Monday, May 8, 2023 2:44 PM  To: Gleam Davis <Gleam.Davis@santamonica.gov>; Phil Brock <Phil.Brock@santamonica.gov>; Christine Parra  <Christine.Parra@santamonica.gov>; Lana Negrete <Lana.Negrete@santamonica.gov>; Jesse Zwick  <Jesse.Zwick@santamonica.gov>; Caroline Torosis <Caroline.Torosis@santamonica.gov>; Oscar de la Torre  <Oscar.delaTorre@santamonica.gov>; Council Mailbox <Council.Mailbox@santamonica.gov>;  coundilmtgitems@santamonica.gov <coundilmtgitems@santamonica.gov>  Cc: David White <David.White@santamonica.gov>; Douglas Sloan <Douglas.Sloan@santamonica.gov>; David Martin  <David.Martin@santamonica.gov>  Subject: FW: Oppose Staff Administrative Item 11‐C Oppose Staff Administrative Item 11‐C to settle 13 WSC builder’s  remedy projects for lack of critical information in the staff report and insufficient time for the public to weigh in.      EXTERNAL    The proposed settlement with WS Communities (WSC) over 13 of its "builder's remedy" project sites will have a huge impact on Santa Monica and its residents for generations to come. When the news broke last September that this developer had filed applications for 14 projects under a "builder's remedy" statute to construct buildings as high as 20 stories and over 4000 units citywide there was widespread opposition. Residents urged the city to hire outside counsel and oppose these projects. https://smclc.net/DevIgnoreZoning10-17-22.html In response, the City Attorney retained outside counsel who advised the City Council that there were good legal grounds to contest the filings once formal applications were filed, and one of his highest priorities was to keep the Council and the public informed. In spite of this, last Thursday city staff placed a settlement item on the Council agenda for tomorrow’s Council meeting as though it were just a routine item. But this is NOT a one-off settlement between a developer and the City over one site. WSC owns 14 builder's remedy sites throughout the City and this settlement apparently would greenlight the construction of 1000s of housing units. This proposed settlement is essentially a mega-development agreement - the biggest one in the city's history. Given this, there needs to be a high degree of disclosure as to what is being built and what the real-life benefits and burdens to the community will be if implemented. And there needs to be a more open and transparent process and sufficient notice than simply adding, almost as an afterthought, an administrative item to an already packed Council agenda. ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1462 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) 2 Unfortunately, the staff report recommending settlement is seriously deficient. It omits critical information that is necessary for the Council and the public to weigh to determine if the settlement is in the interests of Santa Monica before approving it. Key deficiencies in the staff report include:   1. Stating that “the housing built by the owners will satisfy a significant portion of the City’s regional housing needs, as planned in its certified Housing Element” without giving the actual numbers, including the number of affordable housing units; 2. Setting forth significant benefits to WSC in developing these sites, which include expedited processing, ministerial review (precluding public scrutiny), and waiver of any environmental review as to adverse impacts which otherwise could require mitigations; 3. Failing to identify any of the corresponding burdens to the City and its residents, including increased City costs and strain on infrastructure if all of these projects come online within the next few years; 4. Failing to disclose to the Council or the public what actually will be built on any of these sites (the heights and number of units, including affordable units) in comparison to the builder’s remedy numbers posted on the City’s website at https://www.santamonica.gov/builders-remedy; 5. Stating that the 14th WSC project on Euclid (200 units/18-stories) would remain a builder’s remedy project and be excluded from the settlement without explaining what this means (is the City reserving its legal right to disapprove it?); and 6. Failing to provide a copy of any proposed settlement agreement as part of the approval process (this is, in essence, a development agreement).   Absent this critical information the Council should not move forward. It's impossible to determine what the Council actually would be approving to be built - is it what was originally proposed or is it being modified? If modified, how? And how much affordable housing will be built under this settlement to satisfy the State's requirement that 2/3s of the required new housing be affordable? Moreover, it should be relatively easy for the planning staff to update the builder’s remedy chart on the City's website as to the proposed settlement with the total height, number of units and affordable units for each project so the public is kept informed. When a development agreement as momentous as this one occurs, residents are relying upon the Council to do the work, to ask the hard questions, and to demand accurate and complete information to ascertain whether this settlement is reasonable, and in the City’s best interest before approving it. This is even more important here, given the well-known history of WSC's predecessor (NMS). Please do not move forward with any settlement with WSC until you have adequate answers to these issues and you can explain to residents what our City will look like if this settlement is approved, why it's in the interests of the City to approve it, and when it's anticipated that these expedited projects would come online. Thank you. Here's SMCLC's letter: Brian P Juarez -   ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1463 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) 3 ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1464 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) 1 Xavier Mota From:Council Mailbox Sent:Monday, May 8, 2023 3:02 PM To:councilmtgitems Subject:Fw: Oppose Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects for lack of critical information in the staff report and insufficient time for the public to weigh in.   From: CHERI DICKINSON <texart68@verizon.net>  Sent: Monday, May 8, 2023 2:53 PM  To: Gleam Davis <Gleam.Davis@santamonica.gov>; Phil Brock <Phil.Brock@santamonica.gov>; Christine Parra  <Christine.Parra@santamonica.gov>; Lana Negrete <Lana.Negrete@santamonica.gov>; Jesse Zwick  <Jesse.Zwick@santamonica.gov>; Caroline Torosis <Caroline.Torosis@santamonica.gov>; Oscar de la Torre  <Oscar.delaTorre@santamonica.gov>; Council Mailbox <Council.Mailbox@santamonica.gov>  Cc: David White <David.White@santamonica.gov>; Douglas Sloan <Douglas.Sloan@santamonica.gov>; David Martin  <David.Martin@santamonica.gov>  Subject: Oppose Staff Administrative Item 11‐C to settle 13 WSC builder’s remedy projects for lack of critical information  in the staff report and insufficient time for the public to weigh in.      EXTERNAL    The proposed settlement with WS Communities (WSC) over 13 of its "builder's remedy" project sites will have a huge impact on Santa Monica and its residents for generations to come. When the news broke last September that this developer had filed applications for 14 projects under a "builder's remedy" statute to construct buildings as high as 20 stories and over 4000 units citywide there was widespread opposition. Residents urged the city to hire outside counsel and oppose these projects. https://smclc.net/DevIgnoreZoning10-17-22.html In response, the City Attorney retained outside counsel who advised the City Council that there were good legal grounds to contest the filings once formal applications were filed, and one of his highest priorities was to keep the Council and the public informed. In spite of this, last Thursday city staff placed a settlement item on the Council agenda for tomorrow’s Council meeting as though it were just a routine item. But this is NOT a one-off settlement between a developer and the City over one site. WSC owns 14 builder's remedy sites throughout the City and this settlement apparently would greenlight the construction of 1000s of housing units. This proposed settlement is essentially a mega-development agreement - the biggest one in the city's history. Given this, there needs to be a high degree of disclosure as to what is being built and what the real-life benefits and burdens to the community will be if implemented. And there needs to be a more open and transparent process and sufficient notice than simply adding, almost as an afterthought, an administrative item to an already packed Council agenda. Unfortunately, the staff report recommending settlement is seriously deficient. It omits critical information that is necessary for the Council and the public to weigh to determine if the settlement is in the interests of Santa Monica before approving it. ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1465 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) 2 Key deficiencies in the staff report include:   1. Stating that “the housing built by the owners will satisfy a significant portion of the City’s regional housing needs, as planned in its certified Housing Element” without giving the actual numbers, including the number of affordable housing units; 2. Setting forth significant benefits to WSC in developing these sites, which include expedited processing, ministerial review (precluding public scrutiny), and waiver of any environmental review as to adverse impacts which otherwise could require mitigations; 3. Failing to identify any of the corresponding burdens to the City and its residents, including increased City costs and strain on infrastructure if all of these projects come online within the next few years; 4. Failing to disclose to the Council or the public what actually will be built on any of these sites (the heights and number of units, including affordable units) in comparison to the builder’s remedy numbers posted on the City’s website at https://www.santamonica.gov/builders-remedy; 5. Stating that the 14th WSC project on Euclid (200 units/18-stories) would remain a builder’s remedy project and be excluded from the settlement without explaining what this means (is the City reserving its legal right to disapprove it?); and 6. Failing to provide a copy of any proposed settlement agreement as part of the approval process (this is, in essence, a development agreement).   Absent this critical information the Council should not move forward.It's impossible to determine what the Council actually would be approving to be built - is it what was originally proposed or is it being modified? If modified, how? And how much affordable housing will be built under this settlement to satisfy the State's requirement that 2/3s of the required new housing be affordable? Moreover, it should be relatively easy for the planning staff to update the builder’s remedy chart on the City's website as to the proposed settlement with the total height, number of units and affordable units for each project so the public is kept informed. When a development agreement as momentous as this one occurs, residents are relying upon the Council to do the work, to ask the hard questions, and to demand accurate and complete information to ascertain whether this settlement is reasonable, and in the City’s best interest before approving it. This is even more important here, given the well-known history of WSC's predecessor (NMS). Please do not move forward with any settlement with WSC until you have adequate answers to these issues and you can explain to residents what our City will look like if this settlement is approved, why it's in the interests of the City to approve it, and when it's anticipated that these expedited projects would come online. Thank you. Cheri Dickinson 2268 22nd st   ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1466 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) 1 Xavier Mota From:Tricia Crane <1triciacrane@gmail.com> Sent:Monday, May 8, 2023 3:08 PM To:Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; Council Mailbox; councilmtgitems; David White; Douglas Sloan; David Martin Subject:Oppose 11-C - Staff Administrative Item to Settle Builder's Remedy projects EXTERNAL    To: City Council  From: Northeast Neighbors  Re: OPPOSE Agenda Item 11-C, Council meeting of May 8, 2023    Dear City Council,  The Board of Northeast Neighbors supports the SMCLC letter to Council (below) expressing grave concerns about the Staff recommendations in Agenda Item 11-C.  We share the views and advice of SMCLC that Council should not allow any settlement with WS to be pursued without first engaging in a rigorous exploration and explanation to the community of what the impact will be as well as what alternatives may be pursued.  Thank you.  Tricia Crane, Chair   and the Board of Northeast Neighbors      May 8, 2023 To: City Council From: The Santa Monica Coalition for a Livable City (SMCLC) Re: Oppose Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects for lack of critical information in the staff report and insufficient time for the public to weigh in. ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1467 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) 2 The proposed settlement with WS Communities (WSC) over 13 of its “builder’s remedy” project sites will have a huge impact on Santa Monica and its residents for generations to come. When the news broke last September that this developer had filed applications for 14 projects under a “builder’s remedy” statute to construct buildings as high as 20 stories and over 4000 units citywide there was widespread opposition. Residents urged the city to hire outside counsel and oppose these projects. https://smclc.net/DevIgnoreZoning10-17-22.html In response, the City Attorney retained outside counsel who advised the City Council that there were good legal grounds to contest the filings once formal applications were filed, and one of his highest priorities was to keep the Council and the public informed. In spite of this, last Thursday city staff placed a settlement item on the Council agenda for tomorrow’s Council meeting as though it were just a routine item. But this is NOT a one-off settlement between a developer and the City over one site. WSC owns 14 builder’s remedy sites throughout the City and this settlement apparently would greenlight the construction of 1000s of housing units. This proposed settlement is essentially a mega development agreement - the biggest one in the city’s history. Given this, there needs to be a high degree of disclosure as to what is being built and what the real-life benefits and burdens to the community will be if implemented. And there needs to be a more open and transparent process and sufficient notice than simply adding, almost as an afterthought, an administrative item to an already packed Council agenda. Unfortunately, the staff report recommending settlement is seriously deficient. It omits critical information that is necessary for the Council and the public to weigh to determine if the settlement is in the interests of Santa Monica before approving it. Key deficiencies in the staff report include: 1. Stating that “the housing built by the owners will satisfy a significant portion of the City’s regional housing needs, as planned in its certified Housing Element” without giving the actual numbers, including the number of affordable housing units; 2. Setting forth significant benefits to WSC in developing these sites, which include expedited processing, ministerial review (precluding public scrutiny), and waiver of any environmental review as to adverse impacts which otherwise could require mitigations; 3. Failing to identify any of the corresponding burdens to the City and its residents, including increased City costs and strain on infrastructure if all of these projects come online within the next few years; 4. Failing to disclose to the Council or the public what actually will be built on any of these sites (the heights and number of units, including affordable units) in comparison to the builder’s remedy numbers posted on the City’s website at https://www.santamonica.gov/builders- remedy; 5. Stating that the 14th WSC project on Euclid (200 units/18-stories) would remain a builder’s remedy project and be excluded from the settlement without explaining what this means (is the City reserving its legal right to disapprove it?); and ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1468 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) 3 6. Failing to provide a copy of any proposed settlement agreement as part of the approval process (this is, in essence, a development agreement). Absent this critical information the Council should not move forward. It’s impossible to determine what the Council actually would be approving to be built - is it what was originally proposed or is it being modified? If modified, how? And how much affordable housing will be built under this settlement to satisfy the State’s requirement that 2/3s of the required new housing be affordable? Moreover, it should be relatively easy for the planning staff to update the builder’s remedy chart on the City’s website as to the proposed settlement with the total height, number of units and affordable units for each project so the public is kept informed. When a development agreement as momentous as this one occurs, residents are relying upon the Council to do the work, to ask the hard questions, and to demand accurate and complete information to ascertain whether this settlement is reasonable, and in the City’s best interest before approving it. This is even more important here, given the well-known history of WSC’s predecessor (NMS). Please do not move forward with any settlement with WSC until you have adequate answers to these issues and you can explain to residents what our City will look like if this settlement is approved, why it’s in the interests of the City to approve it, and when it’s anticipated that these expedited projects would come online. Thank you.   ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1469 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) 1 Xavier Mota From:Hadley, Richard <Richard.Hadley@lmu.edu> Sent:Monday, May 8, 2023 3:10 PM To:councilmtgitems Subject:Opposition to Staff Administrative Item 11-C EXTERNAL    I am RICHARD HADLEY (I am a resident of the city of Santa Monica, CA)  Re: Oppose Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects for lack of critical information in the staff report and insufficient time for the public to weigh in. The proposed settlement with WS Communities (WSC) over 13 of its "builder's remedy" project sites will have a huge impact on Santa Monica and its residents for generations to come. When the news broke last September that this developer had filed applications for 14 projects under a "builder's remedy" statute to construct buildings as high as 20 stories and over 4000 units citywide there was widespread opposition. Residents urged the city to hire outside counsel and oppose these projects. https://smclc.net/DevIgnoreZoning10-17-22.html In response, the City Attorney retained outside counsel who advised the City Council that there were good legal grounds to contest the filings once formal applications were filed, and one of his highest priorities was to keep the Council and the public informed. In spite of this, last Thursday city staff placed a settlement item on the Council agenda for tomorrow’s Council meeting as though it were just a routine item. But this is NOT a one-off settlement between a developer and the City over one site. WSC owns 14 builder's remedy sites throughout the City and this settlement apparently would greenlight the construction of 1000s of housing units. THANK you. RICHARD HADLEY    -----      ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1470 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) 1 Xavier Mota From:ErikLerner@gmail.com Sent:Monday, May 8, 2023 3:19 PM To:Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; Council Mailbox Cc:councilmtgitems; David White; Douglas Sloan; David Martin Subject:Administrative Item 11-C re BUILDER'S REMEDY EXTERNAL    Re: Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects    The council must take whatever action is necessary to maintain local control and require all projects including WSC’s to  CONFORM COMPLETELY TO THE REQUIREMENTS SPECIFIED IN THE EXISTING ZONING CODE.    Erik Lerner, Architect  25 Village Parkway  Santa Monica CA 90405  310 729 4597    ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1471 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) 1 Xavier Mota From:Nikki F <ncf1551@gmail.com> Sent:Monday, May 8, 2023 3:19 PM To:Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; Council Mailbox Cc:councilmtgitems; David White; Douglas Sloan; David Martin Subject:Oppose Staff Administrative Item 11-C EXTERNAL    Dear City Council,    I stand with the Santa Monica Coalition for a Livable City to oppose Staff Administrative item 11- C.    Please do not move forward with any settlement with WSC until you have adequate answers to the questions raised by SMCLC in their letter of May 8, 2023. Regards, Nikki C. Fernandez 1138 16th St, Apt. 6 Santa Monica, CA 90403 ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1472 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) 1 Xavier Mota From:Philip Schwartz <philschwartzdp@gmail.com> Sent:Monday, May 8, 2023 3:29 PM To:Oscar de la Torre; Christine Parra; Kristin McCowan; Kevin McKeown Fwd; Sue Himmelrich; Phil Brock; Gleam Davis; councilmtgitems Cc:councilmtgitems; David White; Douglas Sloan; David Martin Subject:Against Agenda Item 11-C EXTERNAL    The proposed settlement with WS Communities (WSC) over 13 of its "builder's remedy" project sites will have a huge impact on Santa Monica and its residents for generations to come. When the news broke last September that this developer had filed applications for 14 projects under a "builder's remedy" statute to construct buildings as high as 20 stories and over 4000 units citywide there was widespread opposition. Residents urged the city to hire outside counsel and oppose these projects. https://smclc.net/DevIgnoreZoning10-17-22.html In response, the City Attorney retained outside counsel who advised the City Council that there were good legal grounds to contest the filings once formal applications were filed, and one of his highest priorities was to keep the Council and the public informed. In spite of this, last Thursday city staff placed a settlement item on the Council agenda for tomorrow’s Council meeting as though it were just a routine item. But this is NOT a one-off settlement between a developer and the City over one site. WSC owns 14 builder's remedy sites throughout the City and this settlement apparently would greenlight the construction of 1000s of housing units. This proposed settlement is essentially a mega-development agreement - the biggest one in the city's history. Given this, there needs to be a high degree of disclosure as to what is being built and what the real-life benefits and burdens to the community will be if implemented. And there needs to be a more open and transparent process and sufficient notice than simply adding, almost as an afterthought, an administrative item to an already packed Council agenda. Unfortunately, the staff report recommending settlement is seriously deficient. It omits critical information that is necessary for the Council and the public to weigh to determine if the settlement is in the interests of Santa Monica before approving it. Key deficiencies in the staff report include:   1. Stating that “the housing built by the owners will satisfy a significant portion of the City’s regional housing needs, as planned in its certified Housing Element” without giving the actual numbers, including the number of affordable housing units; 2. Setting forth significant benefits to WSC in developing these sites, which include expedited processing, ministerial review (precluding public scrutiny), and waiver of any environmental review as to adverse impacts which otherwise could require mitigations; 3. Failing to identify any of the corresponding burdens to the City and its residents, including increased City costs and strain on infrastructure if all of these projects come online within the next few years; ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1473 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) 2 4. Failing to disclose to the Council or the public what actually will be built on any of these sites (the heights and number of units, including affordable units) in comparison to the builder’s remedy numbers posted on the City’s website at https://www.santamonica.gov/builders-remedy; 5. Stating that the 14th WSC project on Euclid (200 units/18-stories) would remain a builder’s remedy project and be excluded from the settlement without explaining what this means (is the City reserving its legal right to disapprove it?); and 6. Failing to provide a copy of any proposed settlement agreement as part of the approval process (this is, in essence, a development agreement).   Absent this critical information the Council should not move forward. It's impossible to determine what the Council actually would be approving to be built - is it what was originally proposed or is it being modified? If modified, how? And how much affordable housing will be built under this settlement to satisfy the State's requirement that 2/3s of the required new housing be affordable? Moreover, it should be relatively easy for the planning staff to update the builder’s remedy chart on the City's website as to the proposed settlement with the total height, number of units and affordable units for each project so the public is kept informed. When a development agreement as momentous as this one occurs, residents are relying upon the Council to do the work, to ask the hard questions, and to demand accurate and complete information to ascertain whether this settlement is reasonable, and in the City’s best interest before approving it. This is even more important here, given the well-known history of WSC's predecessor (NMS). Please do not move forward with any settlement with WSC until you have adequate answers to these issues and you can explain to residents what our City will look like if this settlement is approved, why it's in the interests of the City to approve it, and when it's anticipated that these expedited projects would come online. Signed Philip D Schwartz, Treasurer 909-911 Arizona Ave HOA     ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1474 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) 1 Xavier Mota From:Ed Harker <ewillhark@netscape.net> Sent:Monday, May 8, 2023 3:38 PM To:Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; Council Mailbox; councilmtgitems; David White; Douglas Sloan; David Martin Cc:councilmtgitems Subject:Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects EXTERNAL    Dear City Council, City Clerk et al, I agree very strongly, passionately, with this letter below from SMCLC objecting to your settlement allowing 'builder's remedy'. Please don't give the developers free reign on the size or design of their properties. They are here to make huge windfall profits, not to improve either our city or our state. Play hardball when negotiating what percentage of units will be affordable housing. Thank you, Ed Harker SM resident since 1984 see below: Re: Oppose Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects for lack of critical information in the staff report and insufficient time for the public to weigh in. The proposed settlement with WS Communities (WSC) over 13 of its "builder's remedy" project sites will have a huge impact on Santa Monica and its residents for generations to come. When the news broke last September that this developer had filed applications for 14 projects under a "builder's remedy" statute to construct buildings as high as 20 stories and over 4000 units citywide there was widespread opposition. Residents urged the city to hire outside counsel and oppose these projects. https://smclc.net/DevIgnoreZoning10-17-22.html In response, the City Attorney retained outside counsel who advised the City Council that there were good legal grounds to contest the filings once formal applications were filed, and one of his highest priorities was to keep the Council and the public informed. In spite of this, last Thursday city staff placed a settlement item on the Council agenda for tomorrow’s Council meeting as though it were just a routine item. But this is NOT a one-off settlement between a developer and the City over one site. WSC owns 14 builder's remedy sites throughout the City and this settlement apparently would greenlight the construction of 1000s of housing units. This proposed settlement is essentially a mega-development agreement - the biggest one in the city's history. Given this, there needs to be a high degree of disclosure as to what is being built and what the real-life benefits and burdens to the community will be if implemented. And there needs to be a more open and transparent process and sufficient notice than simply adding, almost as an afterthought, an administrative item to an already packed Council agenda. ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1475 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) 2 Unfortunately, the staff report recommending settlement is seriously deficient. It omits critical information that is necessary for the Council and the public to weigh to determine if the settlement is in the interests of Santa Monica before approving it. Key deficiencies in the staff report include: 1. Stating that “the housing built by the owners will satisfy a significant portion of the City’s regional housing needs, as planned in its certified Housing Element” without giving the actual numbers, including the number of affordable housing units; 2. Setting forth significant benefits to WSC in developing these sites, which include expedited processing, ministerial review (precluding public scrutiny), and waiver of any environmental review as to adverse impacts which otherwise could require mitigations; 3. Failing to identify any of the corresponding burdens to the City and its residents, including increased City costs and strain on infrastructure if all of these projects come online within the next few years; 4. Failing to disclose to the Council or the public what actually will be built on any of these sites (the heights and number of units, including affordable units) in comparison to the builder’s remedy numbers posted on the City’s website at https://www.santamonica.gov/builders-remedy; 5. Stating that the 14th WSC project on Euclid (200 units/18-stories) would remain a builder’s remedy project and be excluded from the settlement without explaining what this means (is the City reserving its legal right to disapprove it?); and 6. Failing to provide a copy of any proposed settlement agreement as part of the approval process (this is, in essence, a development agreement).   Absent this critical information the Council should not move forward. It's impossible to determine what the Council actually would be approving to be built - is it what was originally proposed or is it being modified? If modified, how? And how much affordable housing will be built under this settlement to satisfy the State's requirement that 2/3s of the required new housing be affordable? Moreover, it should be relatively easy for the planning staff to update the builder’s remedy chart on the City's website as to the proposed settlement with the total height, number of units and affordable units for each project so the public is kept informed. When a development agreement as momentous as this one occurs, residents are relying upon the Council to do the work, to ask the hard questions, and to demand accurate and complete information to ascertain whether this settlement is reasonable, and in the City’s best interest before approving it. This is even more important here, given the well-known history of WSC's predecessor (NMS). Please do not move forward with any settlement with WSC until you have adequate answers to these issues and you can explain to residents what our City will look like if this settlement is approved, why it's in the interests of the City to approve it, and when it's anticipated that these expedited projects would come online. Thank you.  Victor, Diana, Sherrill and Jeff The Santa Monica Coalition for a Livable City (SMCLC) ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1476 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) 1 Xavier Mota From:Daniel Galamba <galambadb@hotmail.com> Sent:Monday, May 8, 2023 3:52 PM To:Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; councilmtgitems; Daniel Galamba Subject:City Council Meeting May 9, 2023: Please Oppose Staff Administrative Item 11-C EXTERNAL    Dear City Council,     I urge you to oppose Staff Administrative Item 11‐C until critical information is provided and the public can weigh in on  this proposed settlement.  This settlement doesn’t say what would be built under this agreement including each  project’s size, height, and number of units and how it would differ from the over 4000 units and up to 20‐story projects  originally filed.  Residents want to understand the ramifications of this settlement and want the Council to understand  them before approving any settlement.  There is lack of critical information in the staff report and insufficient time for  the public to weigh in on any proposed settlement.      Last Fall residents urged the city to hire outside counsel and oppose these Builders Remedy projects.   In response, the  City Attorney retained outside counsel who advised the City Council that there were good legal grounds to contest the  filings once formal applications were filed.  Furthermore, these Builder Remedy projects may not be valid because the  State extended the deadline for the City to have their plan approved to October 15, 2022 and the City met this extended  deadline.  Therefore, Builder Remedy applications before October 15, 2022 are not valid and should not be approved.   WSC is using the Builders Remedy to ramrod their projects through when their applications are not valid to begin with.      At this point it's impossible to determine what the Council actually would be approving to be built.  Is it what was  originally proposed or is it being modified? If modified, how?  How much affordable housing will be built under this  settlement to satisfy the State's requirement that 2/3 of the required new housing be affordable?  WSC is asking to City  to approve a pig‐in‐a‐poke when their Builders Remedy applications aren't valid to begin with.  Please don't do this.   Thank you.    Sincerely,  Dr Daniel Galamba   ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1477 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) 1 Xavier Mota From:Noma Boardmember <nomaboard@gmail.com> Sent:Monday, May 8, 2023 3:53 PM To:Gleam Davis; Oscar de la Torre; Christine Parra; lana.grete@santamonica.gov; carolyn.torosis@santamonica.gov; jessie.zwick@santamonica.gov; Phil Brock; councilmtgitems Cc:David White; doug.sloan@santamonica.gov; David Martin; Susan Cline; susan.kola@santamonica.gov; Zina Josephs; emvandenburgh@gmail.com; Tricia Crane Subject:Subject: NOMA Opposes item 11-C EXTERNAL        To help protect yMicrosoft Office pautomatic downlopicture from the     NOMA Board’s Opposition to Item 11‐C on May 9, 2023 Council Agenda     Dear Mayor Davis and City Council Members,     The Board of the North of Montana Neighborhood Association writes to support the letter of the Santa Monica Coalition  for a Livable City and also to OPPOSE Staff Administrative Item 11‐C and its recommendation for our City to settle 13  massive WSC “Builder’s Remedy” projects based on the absence of the most elementary information on the settlement:      The staff report lacks fundamental information necessary for even a rudimentary assessment of the settlements,  including the number of units that would be subject to expedited, ministerial  review while waiving environmental  review, the sizes of the units, heights of the buildings and how many units are affordable vs. market rate.    We note that under RHNA about 2/3rds must be affordable. We also note that the proposed future review of these  massive projects apparently would be without public engagement and no necessary guardrails are disclosed.   The staff report fails to discuss the impacts and burdens on our already stretched City of these additional projects,  such as on water, police, fire, traffic, and size of staff.    Lacking all of this vital information the public has been deprived of any meaningful input as to this item.      We urge the Council not to approve this item and that the settlement agreement be made public as well as the  necessary facts for both the Council and the public to have meaningful input. These projects are so large and would  likely have such an important impact on our City that nothing less is appropriate.  ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1478 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) 2    NOMA Board          smnoma.org  NOMAboard@gmail.com      ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1479 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) 1 Xavier Mota From:gayle harbor <gayleharbor@yahoo.com> Sent:Monday, May 8, 2023 4:04 PM To:Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; Council Mailbox Cc:councilmtgitems Subject:Re: Oppose Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects for lack of critical information in the staff report and insufficient time for the public to weigh in. EXTERNAL    Dear Council, The proposed settlement with WS Communities (WSC) over 13 of its "builder's remedy" project sites will have a huge impact on Santa Monica and its residents for generations to come. When the news broke last September that this developer had filed applications for 14 projects under a "builder's remedy" statute to construct buildings as high as 20 stories and over 4000 units citywide there was widespread opposition. Residents urged the city to hire outside counsel and oppose these projects. https://smclc.net/DevIgnoreZoning10-17-22.html In response, the City Attorney retained outside counsel who advised the City Council that there were good legal grounds to contest the filings once formal applications were filed, and one of his highest priorities was to keep the Council and the public informed. In spite of this, last Thursday city staff placed a settlement item on the Council agenda for tomorrow’s Council meeting as though it were just a routine item. But this is NOT a one-off settlement between a developer and the City over one site. WSC owns 14 builder's remedy sites throughout the City and this settlement apparently would greenlight the construction of 1000s of housing units. This proposed settlement is essentially a mega-development agreement - the biggest one in the city's history. Given this, there needs to be a high degree of disclosure as to what is being built and what the real-life benefits and burdens to the community will be if implemented. And there needs to be a more open and transparent process and sufficient notice than simply adding, almost as an afterthought, an administrative item to an already packed Council agenda. Unfortunately, the staff report recommending settlement is seriously deficient. It omits critical information that is necessary for the Council and the public to weigh to determine if the settlement is in the interests of Santa Monica before approving it. Key deficiencies in the staff report include:   1. Stating that “the housing built by the owners will satisfy a significant portion of the City’s regional housing needs, as planned in its certified Housing Element” without giving the actual numbers, including the number of affordable housing units; 2. Setting forth significant benefits to WSC in developing these sites, which include expedited processing, ministerial review (precluding public scrutiny), and waiver of any environmental review as to adverse impacts which otherwise could require mitigations; ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1480 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) 2 3. Failing to identify any of the corresponding burdens to the City and its residents, including increased City costs and strain on infrastructure if all of these projects come online within the next few years; 4. Failing to disclose to the Council or the public what actually will be built on any of these sites (the heights and number of units, including affordable units) in comparison to the builder’s remedy numbers posted on the City’s website at https://www.santamonica.gov/builders-remedy; 5. Stating that the 14th WSC project on Euclid (200 units/18-stories) would remain a builder’s remedy project and be excluded from the settlement without explaining what this means (is the City reserving its legal right to disapprove it?); and 6. Failing to provide a copy of any proposed settlement agreement as part of the approval process (this is, in essence, a development agreement).     Absent this critical information the Council should not move forward.It's impossible to determine what the Council actually would be approving to be built - is it what was originally proposed or is it being modified? If modified, how? And how much affordable housing will be built under this settlement to satisfy the State's requirement that 2/3s of the required new housing be affordable? Moreover, it should be relatively easy for the planning staff to update the builder’s remedy chart on the City's website as to the proposed settlement with the total height, number of units and affordable units for each project so the public is kept informed. When a development agreement as momentous as this one occurs, residents are relying upon the Council to do the work, to ask the hard questions, and to demand accurate and complete information to ascertain whether this settlement is reasonable, and in the City’s best interest before approving it. This is even more important here, given the well-known history of WSC's predecessor (NMS). Please do not move forward with any settlement with WSC until you have adequate answers to these issues and you can explain to residents what our City will look like if this settlement is approved, why it's in the interests of the City to approve it, and when it's anticipated that these expedited projects would come online. Sincerely,  Gayle Harbor      ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1481 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) 1 Xavier Mota From:Council Mailbox Sent:Monday, May 8, 2023 4:31 PM To:councilmtgitems Subject:Fw: Builders REmedy with WSC - 11C   From: GARY <writer629@yahoo.com>  Sent: Monday, May 8, 2023 4:27 PM  To: Gleam Davis <Gleam.Davis@santamonica.gov>; Phil Brock <Phil.Brock@santamonica.gov>; Christine Parra  <Christine.Parra@santamonica.gov>; Lana Negrete <Lana.Negrete@santamonica.gov>; Jesse Zwick  <Jesse.Zwick@santamonica.gov>; Caroline Torosis <Caroline.Torosis@santamonica.gov>; Oscar de la Torre  <Oscar.delaTorre@santamonica.gov>; Council Mailbox <Council.Mailbox@santamonica.gov>; David White  <David.White@santamonica.gov>; Douglas Sloan <Douglas.Sloan@santamonica.gov>; David Martin  <David.Martin@santamonica.gov>  Subject: Builders REmedy with WSC      EXTERNAL    Dear Council Et Al, I urge you to reconsider this very nebulous agreement with WSC over 14 properties of theirs. Building thousands of apartments will only add more congestion to already crowded areas. And this agreement raises more questions than it answers. Sincerely, Gary Gurner ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1482 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) 1 Xavier Mota From:Brenda Anderson <brendaanderson3942@gmail.com> Sent:Monday, May 8, 2023 4:36 PM To:Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; Council Mailbox Cc:councilmtgitems Subject:Oppose Staff Administrative Item 11-C to settle 13 WSC builder's remedy projects EXTERNAL    Dear Council Members,    I strongly object to the inclusion of Item 11‐C that is represents a settlement with a developer that would not say what is  to be built under the agreement.  You must be more open about what the proposed agreement includes and how it will  affect our City.  Your own City Attorney hired outside counsel who advised that the City Council should give a high  priority to keeping the public informed about proposed developments.  This item does just the opposite.  It has the  appearance of trying to sneak something into approval without the opportunity for residents to weigh in.    Please direct Staff to give details about exactly what they are advising so residents will know, too.    Brenda Anderson  475 24th Street  Santa Monica, CA 90402  ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1483 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) 1 Xavier Mota From:Tatiana Khmilinina <tatiana@yyk.com> Sent:Monday, May 8, 2023 5:13 PM To:Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; Council Mailbox Cc:councilmtgitems; David White; Douglas Sloan; David Martin; Yakov Zelkin Subject:Oppose Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects for lack of critical information in the staff report and insufficient time for the public to weigh in EXTERNAL    To the members of the City Council:    Want to urge the City Council to hold off on a settlement with the developer until it clearly states: - what would be built under this agreement - how it would differ from the over 4000 units and up to 20-story projects originally filed  - what our City will look like if this settlement is approved  - why it's in the interests of the City to approve it  - when these expedited projects would come online     The residents need to understand the ramifications of this settlement and want the Council to understand them BEFORE approving any settlement. Thank you, Tatiana Khmilinina and Yakov Zelkin  310-800-8222 / 310-800-5500  ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1484 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) 1 Xavier Mota From:Jack Fry <smokyjack@verizon.net> Sent:Monday, May 8, 2023 5:31 PM To:Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; Council Mailbox; councilmtgitems; David White; Douglas Sloan; David Martin Subject:Staff Administrative Item 11-C EXTERNAL    I have read the letter that the Santa Monic Coalition for a Livable City as submitted to the City Council, and I am in total agreement with the concerns expressed in that letter. How can the proposed housing to be built be accepted by the council when no numbers of housing units, especially affordable housing units are given? How can the council approve such a plan when no estimates of effects on our infrastructure are included? Elements of our infrastructure are already under stress with the amount of daily influx of traffic which currently clogs our streets causing what should be a 20 minute drive to complete an errand take an hour or more. How can the council approve a proposal that fails to specify how many units, how many stories, actual locations of projects are being planned? To protect the best interests of Santa Monica residents, the council must reject this proposal until a more detailed version is forthcoming. Jack F. Fry 2423 23rd Street Santa Monica, CA ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1485 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) 1 Xavier Mota From:Jennifer Perito <jen@jenniferperito.com> Sent:Monday, May 8, 2023 5:31 PM To:Gleam Davis Cc:Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; Council Mailbox; councilmtgitems Subject:Builder's Remedy Settlement EXTERNAL    To The City Council of Santa Monica,    I’m writing to STRONGLY OBJECT to the staff recommendation that the City Council approve a settlement of the 13  “builder’s remedy"  project sites throughout the city of Santa Monica!!      As a 50 year resident of Santa Monica, I am flabbergasted that the city would even consider these behemoth projects  that have absolutely no place in the skyline of our beautiful city. The very nature and charm of SM would be dealt a  devastating blow if these buildings are allowed to be  built. The environmental impact of these monstrous projects would be virtually incalculable, not to mention the harm it  would visit on those  who live in the immediate vicinities. Our city is already experiencing historic congestion ‐ how in the world can it possibly  absorb the addition  of this many additional units?!    The City Council must protect our beloved city and its citizens from the disastrous effects of rampant, ill‐conceived over‐ development ‐ if we don’t, we risk losing the unparalleled beauty that is Santa Monica.    Sincerely,    Jennifer Perito  1231 9TH ST (#6)  Santa Monica, CA 90401      ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1486 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) 1 Xavier Mota From:Selena Linkous <selenalinkous@gmail.com> Sent:Monday, May 8, 2023 5:54 PM To:councilmtgitems Subject:Oppose Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects for lack of critical information in the staff report and insufficient time for the public to weigh in. EXTERNAL    The proposed settlement with WS Communities (WSC) over 13 of its "builder's remedy" project sites will have a huge impact on Santa Monica and its residents for generations to come. When the news broke last September that this developer had filed applications for 14 projects under a "builder's remedy" statute to construct buildings as high as 20 stories and over 4000 units citywide there was widespread opposition. Residents urged the city to hire outside counsel and oppose these projects. https://smclc.net/DevIgnoreZoning10-17-22.html In response, the City Attorney retained outside counsel who advised the City Council that there were good legal grounds to contest the filings once formal applications were filed, and one of his highest priorities was to keep the Council and the public informed. In spite of this, last Thursday city staff placed a settlement item on the Council agenda for tomorrow’s Council meeting as though it were just a routine item. But this is NOT a one-off settlement between a developer and the City over one site. WSC owns 14 builder's remedy sites throughout the City and this settlement apparently would greenlight the construction of 1000s of housing units. This proposed settlement is essentially a mega-development agreement - the biggest one in the city's history. Given this, there needs to be a high degree of disclosure as to what is being built and what the real-life benefits and burdens to the community will be if implemented. And there needs to be a more open and transparent process and sufficient notice than simply adding, almost as an afterthought, an administrative item to an already packed Council agenda. Unfortunately, the staff report recommending settlement is seriously deficient. It omits critical information that is necessary for the Council and the public to weigh to determine if the settlement is in the interests of Santa Monica before approving it. Key deficiencies in the staff report include:   1. Stating that “the housing built by the owners will satisfy a significant portion of the City’s regional housing needs, as planned in its certified Housing Element” without giving the actual numbers, including the number of affordable housing units; 2. Setting forth significant benefits to WSC in developing these sites, which include expedited processing, ministerial review (precluding public scrutiny), and waiver of any environmental review as to adverse impacts which otherwise could require mitigations; 3. Failing to identify any of the corresponding burdens to the City and its residents, including increased City costs and strain on infrastructure if all of these projects come online within the next few years; 4. Failing to disclose to the Council or the public what actually will be built on any of these sites (the heights and number of units, including affordable units) in comparison to the ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1487 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) 2 builder’s remedy numbers posted on the City’s website at https://www.santamonica.gov/builders-remedy; 5. Stating that the 14th WSC project on Euclid (200 units/18-stories) would remain a builder’s remedy project and be excluded from the settlement without explaining what this means (is the City reserving its legal right to disapprove it?); and 6. Failing to provide a copy of any proposed settlement agreement as part of the approval process (this is, in essence, a development agreement).   Absent this critical information the Council should not move forward. It's impossible to determine what the Council actually would be approving to be built - is it what was originally proposed or is it being modified? If modified, how? And how much affordable housing will be built under this settlement to satisfy the State's requirement that 2/3s of the required new housing be affordable? Moreover, it should be relatively easy for the planning staff to update the builder’s remedy chart on the City's website as to the proposed settlement with the total height, number of units and affordable units for each project so the public is kept informed. When a development agreement as momentous as this one occurs, residents are relying upon the Council to do the work, to ask the hard questions, and to demand accurate and complete information to ascertain whether this settlement is reasonable, and in the City’s best interest before approving it. This is even more important here, given the well-known history of WSC's predecessor (NMS). Please do not move forward with any settlement with WSC until you have adequate answers to these issues and you can explain to residents what our City will look like if this settlement is approved, why it's in the interests of the City to approve it, and when it's anticipated that these expedited projects would come online. Thank you     ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1488 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) 1 Xavier Mota From:Leslie Lambert <leslielambert92@gmail.com> Sent:Monday, May 8, 2023 5:58 PM To:councilmtgitems Cc:Gleam Davis; Lana Negrete; Christine Parra; Oscar De La Torre; Phil Brock; Jesse Zwick; Caroline Torosis Subject:Item 11C EXTERNAL    I encourage the City Council to approve the Settlement Agreement between WS Properties and the City, which is  included on your May 9, 2023 Agenda as Item 11C. I am writing as an individual rather than as a representative of the  Planning Commission.    I support this action because it will expedite the production of new housing in Santa Monica. Execution of this  Settlement Agreement will provide much needed housing opportunities for new and existing residents and will also  contribute to the City's meeting its RHNA goals in a timely manner,    It is very important to understand that the twelve INDIVIDUAL WS Properties projects could submit twelve new project  applications on June 1 and get exactly what they are asking for in the Settlement Agreement. Specifically, new sections  9.39.020 and 9.39.040 of the amended Zoning Ordinance fully entitle "Streamlined Housing Projects", on sites of less  than one acre in size, to processing through the Administrative Approval process. This new ZO language becomes  effective on June 1, 2023 and is in furtherance of Program 1A of our certified Housing Element. Program 1A requires  amendment of the ZO to ensure by right processing of housing projects that are code compliant. (Modifications per the  ZO do not disqualify a project from being considered code compliant.) Again, all twelve WS Properties' projects are code  compliant,on parcels less than an acre in size, and are therefore "Streamlined Housing Projects". They will therefore be  eligible for Administrative Approval on June 1.    It is my understanding that the only departure from the standard Administrative Approval process is the Settlement  Agreement's provision that these twelve projects be expedited by the City rather than going through the 12‐18 month  entitlement process. I would hope that we are all supportive of expediting entitlement review and getting housing in the  ground sooner rather than later.    In my opinion, the Settlement Agreement is a win‐win situation for the City. It will result in building housing faster as  well as demonstrating a good faith effort to comply with the Housing Element. I am frankly confused by objections  raised by members of the community since WS Properties already will have the rights set forth in the Settlement  Agreement on June 1.    Thank you for your consideration and your commitment to Santa Monica.    Leslie Lambert    .  ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1489 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) 1 Xavier Mota From:Customer Service <ruthann6shanley@yahoo.com> Sent:Monday, May 8, 2023 6:59 PM To:Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; jesse.zwick@santamonica.gov.net; Caroline Torosis; Oscar de la Torre; councilmtgitems; Council Mailbox; council@smgovt.net; David White; Douglas Sloan; David Martin Subject:RE: Oppose Staff Admins. Item 11-C to settle 13 WSC builder's remedy projects for lack of critical information in the staff report and insufficient time for the public to weigh in. EXTERNAL    The proposed settlement with WS Communities will have a BIG impact on Santa Monica residents for GENERATIONS to come. I have lived here 45 yrs., and I cannot BELIEVE how this city is being destroyed. We might as well be living in NY. Last yr., this developer filed applications for 14 projects under "builders remedy" statute to build OVER 20 stories high and over 4000 units city wide. There was MUCH opposition. Residents urged the city to get outside council and OPPOSE these projects. https://smclc.net/DevIgnoreZoning10-117-22.html City attorney retained outside council who advised there were good LEGAL grounds to CONTEST the filings once FORMAL APPLICATIONS were filed, and to keep Council and public informed. In SPITE of this, last Thursday, city staff placed a settlement item on the Council agenda for TOMORROW'S Council meeting as thought it were just a ROUTE ITEM. BUT this is NOT a one-off settlement between a developer and the City over one site. WSC owns 14 builder's remedy sites throughout the City and this settlement apparently would GREENLIGHT the construction of 1,000s of housing units. This proposed settlement is essentially a mega-development agreement-the BIGGEST ONE IN THE CITY's HISTORY! There needs to be a high degree of DISCLOSURE asa to WHAT is BEING BUILT and what the REAL-LIFE BENEFITS and BURDENS to the community will be implemented. There needs to be a more OPEN and TRANSPARENT process and sufficient NOTICE than simply adding, almost as an afterthought, an Administrative Item to an ALREADY PACKED Council agenda. Unfortunately, the staff report recommending settlement is SERIOUSLY DEFICIENT. It OMITS critical information that is necessary for the Council AND THE PUBLIC to weigh in to determine if the settlement is in the INTERESTS of SANTA MONICA BEFORE approving it. KEY DEFICIENCES in the staff report include: ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1490 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) 2 1. Stating that "the housing built by the owners will satisfy a significant portion of the City's regional housing needs, as planned in its certified"Housing Element" without giving the actual numbers., including the number of affordable housing units; 2. Setting forth significant benefits to WSC in developing these sites, which include EXEDITED processing, MINISTERIAL review (precluding public scrutiny), and waiver of any environmental review as to adverse impacts which otherwise could require mitigations; 3. Failing to identify any of the corresponding burdens to the City and its residents, including increased City costs and strain on infrastructure if all of these projects come online within the next few years; 4. Failing to disclose to the Council or the public what exactly will be built on any of these sites (the heights and number of units, including affordable units), in comparison to the builder's remedy numbers posted on the City's website at: https:://http://www.santamonica.gov/builders-remedy; 5. Stating that the 14th WSC project on Euclid (200 units/18 stories)would remain a builder's remedy project and be excluded from the settlement without explaining what this means (is the City reserving it's legal right to disapprove it?); amd 6. Failing to provide a copy of any proposed settlement agreement as part of the approval process (this is, in essence, a development agreement). ABSENT THIS CRITICAL INFORMATION, THE COUNCIL SHOULD NOT MOVE FORWARD. It is impossible to determine what the Council actually would be approving to be built-is it what was originally proposed or is it being modified? If modified, how? And how much affordable housing will be built under this settlement to satisfy the State's requirement that 2/3s of the required new housing be affordable? Moreover, it should be relatively easy for the planning staff to update the builder's remedy chart on the City's website as to the proposed settlement with the total HEIGHT, NUMBER of units and AFFORDABLE units for each project so the public is kept informed. When a development agreement as momentous as this one occurs, residents are RELYING upon the CITY COUNCIL to do the work, to ask the hard questions, and to demand accurate and complete information to ascertain whether this settlement is reasonable, and in the City's best interest before approving it. This is even MORE important here, given the well-known HISTORY of WSC's predecessor (NMS). Please DO NOT MOVE FORWARD with any settlement with WSC until you have adequate answers to these issues and you can explain to residents what our City will LOOK LIKE if t his settlement is approved, WHY it's in the interests of the City to approve it, and WHEN it's anticipated that these expedited projects would come online. Thank you. Ruthann Shanley, Scott Shanley, Sarah Shanley 45 yrs. resident of Santa Monica ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1491 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) 1 Xavier Mota From:Sterling Long-Colbo <sterlinglongcolbo@gmail.com> Sent:Monday, May 8, 2023 7:12 PM To:Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; Council Mailbox; councilmtgitems; David White; Douglas Sloan; David Martin Subject:Oppose builder's remedy EXTERNAL    May 8, 2023      From: The Santa Monica Coalition for a Livable City (SMCLC) www.SMCLC.net        Re: Oppose Staff Administrative Item 11‐C to settle 13 WSC builder’s remedy projects for lack of critical information in  the staff report and insufficient time for the public to weigh in.        The proposed settlement with WS Communities (WSC) over 13 of its "builder's remedy" project sites will have a huge  impact on Santa Monica and its residents for generations to come. When the news broke last September that this  developer had filed applications for 14 projects under a "builder's remedy" statute to construct buildings as high as 20  stories and over 4000 units citywide there was widespread opposition. Residents urged the city to hire outside counsel  and oppose these projects. https://smclc.net/DevIgnoreZoning10‐17‐22.html        In response, the City Attorney retained outside counsel who advised the City Council that there were good legal grounds  to contest the filings once formal applications were filed, and one of his highest priorities was to keep the Council and  the public informed.        In spite of this, last Thursday city staff placed a settlement item on the Council agenda for tomorrow’s Council meeting  as though it were just a routine item.        But this is NOT a one‐off settlement between a developer and the City over one site. WSC owns 14 builder's remedy  sites throughout the City and this settlement apparently would greenlight the construction of 1000s of housing units.        This proposed settlement is essentially a mega‐development agreement ‐ the biggest one in the city's history. Given this,  there needs to be a high degree of disclosure as to what is being built and what the real‐life benefits and burdens to the  community will be if implemented. And there needs to be a more open and transparent process and sufficient notice  than simply adding, almost as an afterthought, an administrative item to an already packed Council agenda.  ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1492 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) 2       Unfortunately, the staff report recommending settlement is seriously deficient. It omits critical information that is  necessary for the Council and the public to weigh to determine if the settlement is in the interests of Santa Monica  before approving it.        Key deficiencies in the staff report include:    Stating that “the housing built by the owners will satisfy a significant portion of the City’s regional housing needs, as  planned in its certified Housing Element” without giving the actual numbers, including the number of affordable housing  units;  Setting forth significant benefits to WSC in developing these sites, which include expedited processing, ministerial  review (precluding public scrutiny), and waiver of any environmental review as to adverse impacts which otherwise  could require mitigations;  Failing to identify any of the corresponding burdens to the City and its residents, including increased City costs and strain  on infrastructure if all of these projects come online within the next few years;  Failing to disclose to the Council or the public what actually will be built on any of these sites (the heights and number of  units, including affordable units) in comparison to the builder’s remedy numbers posted on the City’s website at  https://www.santamonica.gov/builders‐remedy;  Stating that the 14th WSC project on Euclid (200 units/18‐stories) would remain a builder’s remedy project and be  excluded from the settlement without explaining what this means (is the City reserving its legal right to disapprove it?);  and  Failing to provide a copy of any proposed settlement agreement as part of the approval process (this is, in essence, a  development agreement).  Absent this critical information the Council should not move forward. It's impossible to determine what the Council  actually would be approving to be built ‐ is it what was originally proposed or is it being modified? If modified, how? And  how much affordable housing will be built under this settlement to satisfy the State's requirement that 2/3s of the  required new housing be affordable?        Moreover, it should be relatively easy for the planning staff to update the builder’s remedy chart on the City's website as  to the proposed settlement with the total height, number of units and affordable units for each project so the public is  kept informed.        When a development agreement as momentous as this one occurs, residents are relying upon the Council to do the  work, to ask the hard questions, and to demand accurate and complete information to ascertain whether this  settlement is reasonable, and in the City’s best interest before approving it. This is even more important here, given the  well‐known history of WSC's predecessor (NMS).        Please do not move forward with any settlement with WSC until you have adequate answers to these issues and you can  explain to residents what our City will look like if this settlement is approved, why it's in the interests of the City to  approve it, and when it's anticipated that these expedited projects would come online.      ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1493 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) 3   Thank you.  ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1494 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) 1 Xavier Mota From:emsmail135@gmail.com Sent:Monday, May 8, 2023 7:28 PM To:Gleam Davis; Lana Negrete; Phil Brock; Christine Parra; Oscar de la Torre; Caroline Torosis; Jesse Zwick; councilmtgitems Subject:Vote NO on 11C EXTERNAL    Hello City Council,    Please vote no on agenda item 11C, which would green light a tremendous amount of development without sufficient  transparency, information, public input, or equitable planning.    I also object to the fact that this agreement will allow so‐called inclusionary housing units to be located offsite. This is an  ongoing problem in Santa Monica that undermines the creation of affordable housing that would otherwise  affirmatively further fair housing. We can do better.    Thank you for your attention and consideration.    Very best wishes,  Michelle Gray  ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1495 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) 1 Xavier Mota From:Jessica Wilkins <jwilkinsmitchell@yahoo.com> Sent:Monday, May 8, 2023 7:34 PM To:councilmtgitems Subject:Re: Oppose Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects for lack of critical information in the staff report and insufficient time for the public to weigh in. EXTERNAL    Please oppose!    Jessica Wilkins     Sent from my iPhone  ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1496 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) 1 Xavier Mota From:Gina Novish <gina429@gmail.com> Sent:Monday, May 8, 2023 8:02 PM To:Caroline Torosis Cc:info@smclc.net; councilmtgitems Subject:Vote No on Builder’s Remedy EXTERNAL    Please vote no on the Builder’s Remedy. As a long‐time resident living near the new building housing the Trader Joe’s at  the corner of Wilshire and 23rd Street, I can tell you how invasive, congested, destructive and dangerous the  neighborhood is now that it is there. It absolutely changed the character of the neighborhood.  Building without concern  for the residents of the city changes the character of Santa Monica is irresponsible. Please vote NO tomorrow.     All the best,  Gina Nowysz Reichardt    Sent from space  gina429@gmail.com    ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1497 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) 1 Xavier Mota From:Rosvita Rauch <rmrauch@gmail.com> Sent:Monday, May 8, 2023 8:19 PM To:councilmtgitems; David White; Douglas Sloan; David Martin Subject:Oppose Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects for lack of critical information in the staff report and insufficient time for the public to weigh in EXTERNAL    To Our Elected Leaders    Santa Monica residents want the opportunity to fully understand the ramifications of this settlement and want the Council to understand them BEFORE approving any settlement. Please do not rush this through and continue to choke our city with unbridled growth at the expense of your constituents and to line the pockets of developers. It's already out of hand - let's get things under control.     Let's recognize that this is NOT a one-off settlement between a developer and the City over one site. WSC owns 14 builder's remedy sites throughout the City and this settlement apparently would greenlight the construction of 1000s of housing units. Its impacts will be far reaching for generations.     Please do not move forward with any settlement with WSC until you have adequate answers to these issues and you can explain to residents what our City will look like IF this settlement is approved, why it's in the interests of the City to approve it, and when it's anticipated that these expedited projects would come online. Thank you, Rosvita Rauch (used with permission of Beatrice Felix) ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1498 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) 1 Xavier Mota From:Katharine Dreyfuss <kitdreyfuss@gmail.com> Sent:Monday, May 8, 2023 8:20 PM To:Council Mailbox; councilmtgitems; David White; Douglas Sloan; David Martin Subject:Oppose item 11-C EXTERNAL    Dear Council members and colleagues,  I am writing to urge that you refuse to settle for WSC's "Builder's Remedy" Projects until crucial information omitted in  the staff report has been provided, and sufficient time has been allowed for the public to weigh in on this complicated  proposition. You are already receiving, so I will not repeat, the public's detailed complaints about the specific omissions  in the staff's glib overview of the actual plans. Please acknowledge that the residents of your city need much more  clarity about these proposed developments before you sign off on them on our behalf.  Thank you for your open‐minded and conscientious attention to my request.  Sincerely,  Katharine Dreyfuss  ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1499 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) 1 Xavier Mota From:lmarreola <lmarreola@roadrunner.com> Sent:Monday, May 8, 2023 8:21 PM To:councilmtgitems Subject:ITEM 11-C May 9 2023 EXTERNAL    We oppose staff's administrative Item 11‐C.we agree with Santa Monica Coalition for a Livable City letter to City Council  dated May 8,2023        Sent via the Samsung Galaxy S21 5G, an AT&T 5G smartphone    ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1500 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) 1 Xavier Mota From:Joan Moschovakis <joan.rand@gmail.com> Sent:Monday, May 8, 2023 8:56 PM To:Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; Council Mailbox; Gleam Davis Cc:councilmtgitems; David White; Douglas Sloan; David Martin Subject:Builders Remedy EXTERNAL    To the City Council:    There is a lot of uncertainty (and a lot of ignorance) among Santa Monica residents about how our city will be  transformed if thousands of units of housing are soon to be built willy‐nilly using Builders' Remedy.  Well‐constructed  five‐story apartment buildings on the main streets may enhance our city, provided they include sufficient on‐site  parking.  Duplexes and triplexes on large residential lots make sense. Granny flats and ADUs, which used to be  officially unrentable, are now (at last) legal to rent. Certainly we need more affordable housing.      But isolated 10‐ or 15‐story apartment buildings would be eyesores, anywhere in town, given that our commercial and  residential buildings are mostly one‐to‐three stories high.   Please give us the details, and then give citizens a week or  two to think about just what WSC will build under the proposed settlement, before you sign off on it.       Thank you,     Joan Moschovakis   721  24th Street  Santa Monica, 90402  ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1501 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) 1 Xavier Mota From:EvanHandler.com <Evan@EvanHandler.com> Sent:Monday, May 8, 2023 9:11 PM To:councilmtgitems Subject:NMS/WS Communities settlement EXTERNAL      To: Santa Monica City Council    I am a recent Santa Monica resident and business owner, a current patron of numerous businesses, and a parent of a  student at a Santa Monica private school. It has just come to my attention that a meeting will be held on May 9th to  consider a potential settlement between the city and NMS/WS Communities. It is troubling that so little notice has been given to the public about this proposed settlement. I am writing to urge the Council to postpone consideration of this settlement until more residents, business owners, workers, as well as other affected parties, have sufficient time to assess the potential impacts of the settlement on their lives, their businesses, and their children’s schools.     In fact, my understanding is that it was the city’s failure to be in state compliance under the builder’s remedy provision that has allowed discussion of any development to even occur. The negative results of this failure should not fall to the city’s residents, businesses, and school children to bear (nor should the city invite the negative publicity that would result from failing to give those parties adequate time to assess, and give feedback about, any proposed settlements). I again urge the City Council to postpone consideration of this settlement so that further education, investigation, and discussion can occur.     Thank you very much.    Sincerely,    Evan Handler    ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1502 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) 1 Xavier Mota From:Ann Hoover <annkbowman@yahoo.com> Sent:Monday, May 8, 2023 9:12 PM To:councilmtgitems; Gleam Davis; Phil Brock; Oscar de la Torre; Christine Parra; Lana Negrete; Caroline Torosis; Jesse Zwick Cc:David White; Douglas Sloan; David Martin; Susan Cline; Anuj Gupta Subject:05-09-23 Council Meeting - Oppose Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects EXTERNAL    Dear Councilmembers: I echo every concern expressed in the Santa Monica Coalition for a Livable City's letter to you and accordingly oppose Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects for lack of critical information in the staff report and insufficient time for the public to weigh in. Please do not move forward with any settlement with WSC until you have adequate answers to the many issues such a settlement raises for our community and you can explain to residents what our City will look like if this settlement is approved, why it's in the interests of the City to approve it, and when it's anticipated that these expedited projects would come online. Thank you - Ann Bowman Resident 26+ years ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1503 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) 1 Xavier Mota From:Laura Baril <1laurabaril@gmail.com> Sent:Monday, May 8, 2023 9:16 PM To:councilmtgitems Subject:New Roads Development EXTERNAL    We would like to ask the city to  postpone consideration of the settlement between the City and NMS/WS Communities    New Roads could be impacted by the development next door, we would like you to reconsider postponing of the settlement until the school and the broader community have sufficient time to assess the potential impacts of the settlement.    Thanks,    Laura Baril  ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1504 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) 1 Xavier Mota From:David Abramis <dabramis@gmail.com> Sent:Monday, May 8, 2023 9:26 PM To:councilmtgitems Cc:Iris Souza Subject:Postpone consideration of settlement between the City and NMS/WS EXTERNAL    Dear City Council Members:    We are homeowners and residents of the City of Santa Monica and we are very concerned about your plans to consider  approval of a settlement between the City and NMS/WS Communities on 5/9/2023.  In particular, we are quite unclear  about how the New Roads school would be impacted by the development next door.    We're sorry for the last‐minute nature of this email, but we only just found out about this.  We wish we could attend  your meeting to make our voices clear, but work and childcare prevent our attendance  ‐‐ so this email will have to suffice.    Bottom line, we need more time to assess the potential impacts of this settlement.  Please, at minimum, hold off on  your approval.    Thank you very much.    Sincerely,    David Abramis and Iris Souza  2642 33rd St.  Santa Monica, CA 90405    ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1505 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:MARY ANN KELLOGG To:councilmtgitems Cc:Mary Ann Kellogg; Tony Whitman Subject:Approve the settlement agreement between the city of Santa Monica and WS Communities, LLC and its affiliates WS under”Builders Remedy” Date:Sunday, May 7, 2023 7:29:14 PM EXTERNAL Subject: Approve the settlement agreement between the city of Santa Monica and WS Communities, LLC and its affiliates WS under”Builders Remedy”   To whom it may concern, Our family is thrilled to see that the SM City Council supports a settlement with WS communities, LLC by putting an end to the pursuit of constructing 2 new 14 story apartment buildings at 1038 10th St. and 1007 Lincoln Boulevard. We believe that this decision will have a positive impact on the Wilmont neighborhood as well as the wider Santa Monica community. Thank you for your support in this matter and for your ongoing commitment to making Santa Monica a wonderful place to live. Sincerely, Mary Ann Kellogg Tony Whitman Sent from my iPad ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1506 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:John Murdock To:councilmtgitems Cc:fospairport@rocketmail.com; Santa Monica Coalition for a Livable City Subject:BR proposed Settlement? Item 11.C Date:Monday, May 8, 2023 12:49:13 PM EXTERNAL Dear Councilmembers: I have reviewed the Staff Report for the "consideration of a settlement" with WS, and do not find the actual text of the Settlement Agreement attached anywhere. All we have is a summary of the proposed terms, which are vague in the extreme. It is hard to determine what benefit the city gets and equally as hard to decipher what WS gets from this, other than "expedited approval" of its projects if it "elects" to choose the existing process rather than the BR process. And there are some individual tenat settlements, which should not in ay way be a part of this package. This is like a high-low poker game with the developer having a lock on low. What does "expedited approval" actually mean? And why is the WS entity allowed to "elect" which route it will take, even after the city has given its "consideration" by adopting an undisclosed-terms ordinance allowing this to happen? This is a strange settlement proposal, to say the least. For one thing, it contemplated allowing the "ghettoization" of affordable units by transferring them all to one building rather than spreading them out among the 13 buildings among the market rate units. Does the city want to resurrect its past history of ghettoing the affordable housing and place them all in one place, say, somewhere in or near the Pico corridor, away from stylish Wilshire Blvd units? .Please explain the rationale for this bonus being delivered to WS. Without the actual text of the agreement, the public is unable to intelligently comment on the impacts, which leads to the question whether this notice complies with the Brown Act. . And claiming that a broad-brush agreement to give "expedited review" to 13 projects throughout the city with purported CEQA "exemptions" is not likely to stand up in court. John B. Murdock Attorney at Law 1209 Pine Street Santa Monica, CA 90405 tel. (310) 450-1859 ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1507 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Thunder Levin To:Council Mailbox; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; Gleam Davis; Phil Brock Cc:councilmtgitems; David White; Douglas Sloan; David Martin; councilmtgitems Subject:Builder"s Remedy Settlement Date:Monday, May 8, 2023 1:18:28 PM EXTERNAL To the City Council, I’m am writing to object, in the most strenuous terms possible, ANY settlement with the “Builder’s Remedy” developer(s) before the details of such settlements have been revealed publicly and the residents of Santa Monica have had a chance to comment. Moreover, I’m implore you to take whatever actions are available to prevent these developments entirely AND to fight the State of California’s utterly insane 9000 unit mandate. Allowing these developments will utterly destroy whatever beachside character remains to Santa Monica and take already impassable traffic and make it utterly impossible. Our small city will grind to a halt and our city services will collapse under the strain of this many new homes. The city simply doesn’t have the water, electrical, or education infrastructure to support this many new residents, and building more tall building will shadow their neighbors rendering rooftop solar useless and further increasing our carbon footprint. I would encourage the council to think outside the box, up to and including deny any and all building permits for structures exceeding current zoning limits and using the SMPD to physically prevent construction. The well-intentioned but hopelessly misguided State mandates should be fought, and if necessary, ignored. They do not have the right overturn our own community standards. Go rogue if need be. Fight. And never, never give up. Thunder Levin 2407 Fourth St. #7 Santa Monica, CA 90405 310-392-8331 310-999-1831 cell TLevin@southbridgefilms.com Virus-free.www.avast.com ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1508 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Lisa Lipman To:councilmtgitems Subject:City Council mtg. 5/9: Item 11C - SUPPORT SETTLEMENT AGREEMENT REGARDING BUILDER"S REMEDY Date:Monday, May 8, 2023 10:18:04 AM EXTERNAL Dear Mayor Davis and City Council Members, I live on 10th Street in the Wilmont neighborhood and I support and hope you vote yes on the settlement agreement with WS Communities. I appreciate that the agreement has 1038 10th Street, 1238-42 10th Street and 1007 Lincoln Blvd being withdrawn for BR projects and will not have replacement applications. I still am concerned about the other 10 WS Communities projects and STRONGLY REQUEST that the council have city staff outline for these buildings that would qualify for ministerial approval what would be maximum height and FAR, maximum number of units possible, number of affordable units and parking allowed for all these projects BEFORE voting on the settlement. Finally, as a member of a community with over 80% rental units, I want the city to ensure that the 20 deed-restricted affordable units between transferred from 1560 Lincoln Blvd. to 1038-42 10th Street DO NOT DISPLACE ANY RENT CONTROL RESIDENTS. The worst thing we can do is lose rent-control units/residents to displacement because of the builder's remedy debacle. Thank-you, Lisa Lipman ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1509 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:mdosti To:Gleam Davis; Lana Negrete; Christine Parra; Oscar de la Torre; Phil Brock; Caroline Torosis; Jesse Zwick; councilmtgitems Subject:City Council mtg. 5/9: Item 11C - SUPPORT SETTLEMENT AGREEMENT REGARDING BUILDER"S REMEDY Date:Monday, May 8, 2023 10:49:25 AM EXTERNAL Dear Mayor Davis and City Council Members, I live on 4th Street in the Wilmont neighborhood and I support and hope you vote yes on the settlement agreement with WS Communities. I appreciate that the agreement has 1038 10th Street, 1238-42 10th Street and 1007 Lincoln Blvd being withdrawn for BR projects and will not have replacement applications. I still am concerned about the other 10 WS Communities projects and STRONGLY REQUEST that the council have city staff outline for these buildings that would qualify for ministerial approval what would be maximum height and FAR, maximum number of units possible, number of affordable units and parking allowed for all these projects BEFORE voting on the settlement. Finally, as a member of a community with over 80% rental units, I want the city to ensure that the 20 deed-restricted affordable units between transferred from 1560 Lincoln Blvd. to 1038-42 10th Street DO NOT DISPLACE ANY RENT CONTROL RESIDENTS. The worst thing we can do is lose rent-control units/residents to displacement because of the builder's remedy debacle. Thank-you, Marya Dosti ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1510 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:E C To:Gleam Davis; Lana Negrete; Christine Parra; Oscar de la Torre; Phil Brock; Caroline Torosis; Jesse Zwick; councilmtgitems Subject:City Council mtg. 5/9: Item 11C - SUPPORT SETTLEMENT AGREEMENT REGARDING BUILDER"S REMEDY Date:Saturday, May 6, 2023 7:59:27 PM EXTERNAL  Dear Mayor Davis and City Council Members, I live on 10th Street in the Wilmont neighborhood and I support and hope you vote yes on the settlement agreement with WS Communities. I appreciate that the agreement has 1038 10th Street, 1238-42 10th Street and 1007 Lincoln Blvd being withdrawn for BR projects and will not have replacement applications. I still am concerned about the other 10 WS Communities projects and STRONGLY REQUEST that the council have city staff outline for these buildings that would qualify for ministerial approval what would be maximum height and FAR, maximum number of units possible, number of affordable units and parking allowed for all these projects BEFORE voting on the settlement. Finally, as a member of a community with over 80% rental units, I want the city to ensure that the 20 deed-restricted affordable units between transferred from 1560 Lincoln Blvd. to 1038-42 10th Street DO NOT DISPLACE ANY RENT CONTROL RESIDENTS. The worst thing we can do is lose rent-control units/residents to displacement because of the builder's remedy debacle. Thank you, Elizabeth Cazenave Sent from my iPhone ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1511 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Lori Dreischmeier To:councilmtgitems Subject:City Council mtg. 5/9: Item 11C - SUPPORT SETTLEMENT AGREEMENT REGARDING BUILDER"S REMEDY Date:Sunday, May 7, 2023 7:04:02 PM EXTERNAL Dear City Council Member, I live on 10th Street in the Wilmont neighborhood and I support and hope you vote yes on the settlement agreement with WS Communities. I appreciate that the agreement has 1038 10th Street, 1238-42 10th Street and 1007 Lincoln Blvd being withdrawn for BR projects and will not have replacement applications. I still am concerned about the other 10 WS Communities projects and STRONGLY REQUEST that the council have city staff outline for these buildings that would qualify for ministerial approval what would be maximum height and FAR, maximum number of units possible, number of affordable units and parking allowed for all these projects BEFORE voting on the settlement. Finally, as a member of a community with over 80% rental units, I want the city to ensure that the 20 deed-restricted affordable units between transferred from 1560 Lincoln Blvd. to 1038-42 10th Street DO NOT DISPLACE ANY RENT CONTROL RESIDENTS. The worst thing we can do is lose rent-control units/residents to displacement because of the builder's remedy debacle. Thank you, Lori 1044 10th Street HOA -- Lori L. Dreischmeier Lori.LD@gmail.com 310-880-8203, mobile ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1512 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Jill Roffis To:Gleam Davis Cc:Lana Negrete; Christine Parra; Oscar de la Torre; Phil Brock; Caroline Torosis; Jesse Zwick; councilmtgitems Subject:City Council Mtg. 5/9: Item 11C - SUPPORT SETTLEMENT AGREEMENT REGARDING BUIILDER"S REMEDY Date:Monday, May 8, 2023 9:02:22 AM EXTERNAL Dear Mayor Davis and City Council Members, I live on 6th Street in the Wilmont neighborhood and I support and hope you vote yes on the settlement agreement with the WS Communities. I appreciate that the agreement has 1038 10th Street and 1007 Lincoln Blvd being withdrawn for BR projects and will not have replacement applications. I still am concerned about the other 10 WS Communities projects and STRONGLY REQUEST that the council have city staff outline for these buildings that would qualify for ministerial approval what would be maximum height and FAR, maximum number of units possible, number of affordable units, and parking allowed for all projects BEFORE voting on the settlement. Finally, as a member of the a community with 80% rental units, I want the city to ensure that the 20 deed-restricted affordable units between transferred from 1560 Lincoln Blvd, to 1038- 42 10th Street DO NOT DISPLACE ANY RENT CONTROL RESIDENTS. The worse thing we can do is lose rent-control units/residents to displacement because of the builder’s remedy debacle. Thank you, Jill Roffis ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1513 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Council Mailbox To:councilmtgitems Subject:Fw: City Developement - 11C Date:Monday, May 8, 2023 2:25:31 PM From: Jero Books & Templet Co. <jero.book@gte.net> Sent: Monday, May 8, 2023 1:44 PM To: Jesse Zwick <Jesse.Zwick@santamonica.gov>; Caroline Torosis <Caroline.Torosis@santamonica.gov>; Oscar de la Torre <Oscar.delaTorre@santamonica.gov>; Council Mailbox <Council.Mailbox@santamonica.gov>; Phil Brock <Phil.Brock@santamonica.gov>; Christine Parra <Christine.Parra@santamonica.gov>; Lana Negrete <Lana.Negrete@santamonica.gov>; Gleam Davis <Gleam.Davis@santamonica.gov> Subject: Re: City Developement EXTERNAL I agree with the statements below, there is Enough Development as it is Now, and traffic is Bad!! Mary Rojeski 38 yr resident of S.M.   SMCLC's letter: May 8, 2023 To: The City Council gleam.davis@santamonica.gov, phil.brock@santamonica.gov, christine.parra@santamonica.gov, lana.negrete@santamonica.gov, jesse.zwick@santamonica.gov, caroline.torosis@santamonica.gov, oscar.delatorre@santamonica.gov, council@smgov.net CC: City Clerk councilmtgitems@santamonica.gov, david.white@santamonica.gov, douglas.sloan@santamonica.gov, david.martin@santamonica.gov From: The Santa Monica Coalition for a Livable City (SMCLC) www.SMCLC.net Re: Oppose Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects for lack of critical information in the staff report and insufficient time for the public to weigh in. The proposed settlement with WS Communities (WSC) over 13 of its "builder's remedy" project sites will have a huge impact on Santa Monica and its residents for generations to come. When the news broke last September that this developer had filed applications for 14 projects under a "builder's remedy" statute to construct buildings as high as 20 stories and over 4000 units citywide there was widespread opposition. Residents urged the city to hire outside counsel and oppose these projects. https://smclc.net/DevIgnoreZoning10-17-22.html In response, the City Attorney retained outside counsel who advised the City Council that there were good legal grounds to contest the filings once formal applications were filed, and one of his highest priorities was to keep the Council and the public informed. In spite of this, last Thursday city staff placed a settlement item on the Council agenda for tomorrow’s Council meeting as though it were just a routine item. But this is NOT a one-off settlement between a developer and the City over one site. WSC owns 14 builder's remedy sites throughout the City and this settlement apparently would greenlight the construction of 1000s of housing units. This proposed settlement is essentially a mega-development agreement - the biggest one in the city's history. Given this, there needs to be a high degree of disclosure as to what is being built and what the real-life benefits and burdens to the community will be if implemented. And there needs to be a more open and transparent process and sufficient notice than simply adding, almost as an afterthought, an administrative item to an already packed Council agenda. Unfortunately, the staff report recommending settlement is seriously deficient. It omits critical information that is necessary for the Council and the public to weigh to determine if the settlement is in the interests of Santa Monica before approving it. Key deficiencies in the staff report include: 1. Stating that “the housing built by the owners will satisfy a significant portion of the City’s regional housing needs, as planned in its certified Housing Element” without giving the actual numbers, including the number of affordable housing units; 2. Setting forth significant benefits to WSC in developing these sites, which include expedited processing, ministerial review (precluding public scrutiny), and waiver of any environmental review as to adverse impacts which otherwise could require mitigations; 3. Failing to identify any of the corresponding burdens to the City and its residents, including increased City costs and strain on infrastructure if all of these projects come online within the next few years; 4. Failing to disclose to the Council or the public what actually will be built on any of these sites (the heights and number of units, including affordable units) in comparison to the builder’s remedy numbers posted on the City’s website at https://www.santamonica.gov/builders-remedy; 5. Stating that the 14th WSC project on Euclid (200 units/18-stories) would remain a builder’s remedy project and be excluded from the settlement without explaining what this means (is the City reserving its legal right to disapprove it?); and 6. Failing to provide a copy of any proposed settlement agreement as part of the approval process (this is, in essence, a development agreement). Absent this critical information the Council should not move forward. It's impossible to determine what the Council actually would be approving to be built - is it what was originally proposed or is it being modified? If modified, how? And how much affordable housing will be built under this settlement to satisfy the State's requirement that 2/3s of the required new housing be affordable? Moreover, it should be relatively easy for the planning staff to update the builder’s remedy chart on the City's website as to the proposed settlement with the total height, number of units and affordable units for each project so the public is kept informed. When a development agreement as momentous as this one occurs, residents are relying upon the Council to do the work, to ask the hard questions, and to demand accurate and complete information to ascertain whether this settlement is reasonable, and in the City’s best interest before approving it. This is even more important here, given the well-known history of WSC's predecessor (NMS). Please do not move forward with any settlement with WSC until you have adequate answers to these issues and you can explain to residents what our City will look like if this settlement is approved, why it's in the interests of the City to approve it, and when it's anticipated that these expedited projects would come online. Thank you. ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1514 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Council Mailbox To:councilmtgitems Subject:Fw: Oppose Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects Date:Monday, May 8, 2023 2:29:05 PM Attachments:Blue.png Facebook.png Top Agent Network - Verified Member.png 1_Email Signature_Kate Bransfield.png From: Kate@SantaMonicaListings.com <Kate@SantaMonicaListings.com> Sent: Monday, May 8, 2023 2:28 PM To: Council Mailbox <Council.Mailbox@santamonica.gov> Subject: Oppose Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects EXTERNAL Re: Oppose Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects for lack of critical information in the staff report and insufficient time for the public to weigh in. Dear Council, The proposed settlement with WS Communities (WSC) over 13 of its "builder's remedy" project sites will have a huge impact on Santa Monica and its residents for generations to come. When the news broke last September that this developer had filed applications for 14 projects under a "builder's remedy" statute to construct buildings as high as 20 stories and over 4000 units citywide there was widespread opposition. Residents urged the city to hire outside counsel and oppose these projects. https://smclc.net/DevIgnoreZoning10-17- 22.html In response, the City Attorney retained outside counsel who advised the City Council that there were good legal grounds to contest the filings once formal applications were filed, and one of his highest priorities was to keep the Council and the public informed. In spite of this, last Thursday city staff placed a settlement item on the Council agenda for tomorrow’s Council meeting as though it were just a routine item. But this is NOT a one-off settlement between a developer and the City over one site. WSC owns 14 builder's remedy sites throughout the City and this settlement apparently would greenlight the construction of 1000s of housing units. This proposed settlement is essentially a mega-development agreement - the biggest one in the city's history. Given this, there needs to be a high degree of disclosure as to what is being built and what the real-life benefits and burdens to the community will be if implemented. And there needs to be a more open and transparent process and sufficient notice than simply adding, almost as an afterthought, an administrative item to an already packed Council agenda. Unfortunately, the staff report recommending settlement is seriously deficient. It omits critical information that is necessary for the Council and the public to weigh to determine if the settlement is in the interests of Santa Monica before approving it. Key deficiencies in the staff report include: ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1515 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) 1. Stating that “the housing built by the owners will satisfy a significant portion of the City’s regional housing needs, as planned in its certified Housing Element” without giving the actual numbers, including the number of affordable housing units; 2. Setting forth significant benefits to WSC in developing these sites, which include expedited processing, ministerial review (precluding public scrutiny), and waiver of any environmental review as to adverse impacts which otherwise could require mitigations; 3. Failing to identify any of the corresponding burdens to the City and its residents, including increased City costs and strain on infrastructure if all of these projects come online within the next few years; 4. Failing to disclose to the Council or the public what actually will be built on any of these sites (the heights and number of units, including affordable units) in comparison to the builder’s remedy numbers posted on the City’s website at https://www.santamonica.gov/builders-remedy ; 5. Stating that the 14th WSC project on Euclid (200 units/18-stories) would remain a builder’s remedy project and be excluded from the settlement without explaining what this means (is the City reserving its legal right to disapprove it?); and 6. Failing to provide a copy of any proposed settlement agreement as part of the approval process (this is, in essence, a development agreement). Absent this critical information the Council should not move forward. It's impossible to determine what the Council actually would be approving to be built - is it what was originally proposed or is it being modified? If modified, how? And how much affordable housing will be built under this settlement to satisfy the State's requirement that 2/3s of the required new housing be affordable? Moreover, it should be relatively easy for the planning staff to update the builder’s remedy chart on the City's website as to the proposed settlement with the total height, number of units and affordable units for each project so the public is kept informed. When a development agreement as momentous as this one occurs, residents are relying upon the Council to do the work, to ask the hard questions, and to demand accurate and complete information to ascertain whether this settlement is reasonable, and in the City’s best interest before approving it. This is even more important here, given the well-known history of WSC's predecessor (NMS). Please do not move forward with any settlement with WSC until you have adequate answers to these issues and you can explain to residents what our City will look like if this settlement is approved, why it's in the interests of the City to approve it, and when it's anticipated that these expedited projects would come online. Thank you. Kate ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1516 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) Estates DirectorGlobal Luxury SpecialistCalDRE # 01218699310.395.1133Kate@SantaMonicaListings.comwww.SantaMonicaListings.comColdwell Banker Realty1608 Montana AvenueSanta Monica, 90403 ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1517 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Council Mailbox To:councilmtgitems Subject:Fw: Please do not approve the “Builder’s Remedy” Settlement with WSC until critical information is provided and Public can weigh in - 11C Date:Monday, May 8, 2023 2:27:11 PM From: Kara Fox <karafox@me.com> Sent: Monday, May 8, 2023 2:11 PM To: Gleam Davis <Gleam.Davis@santamonica.gov>; Phil Brock <Phil.Brock@santamonica.gov>; Christine Parra <Christine.Parra@santamonica.gov>; Lana Negrete <Lana.Negrete@santamonica.gov>; Jesse Zwick <Jesse.Zwick@santamonica.gov>; Caroline Torosis <Caroline.Torosis@santamonica.gov>; Oscar de la Torre <Oscar.delaTorre@santamonica.gov>; Council Mailbox <Council.Mailbox@santamonica.gov>; David White <David.White@santamonica.gov>; Douglas Sloan <Douglas.Sloan@santamonica.gov>; David Martin <David.Martin@santamonica.gov> Subject: Please do not approve the “Builder’s Remedy” Settlement with WSC until critical information is provided and Public can weigh in EXTERNAL How can you allow one single developer ruin our city???? This does not make sense. Please protect us, don’t destroy us. Thank you. Kara Fox, 14th street, Santa Monica Begin forwarded message: From: Beatrice Felix <felix.beatrice@yahoo.com>Subject: Fw: Council votes TOMORROW: SMCLC Urges Council NOT to approve the “Builder’s Remedy” Settlement with WSC until critical information is provided and Public can weigh in Date: May 8, 2023 at 1:05:00 PM PDTTo: Thomas Hartman <thartman@iqmagic.net>, Julie Kirst <jkmailtalk@yahoo.com>, Sarah Ann Lewis <slewis@miraclemileadvisors.com>, Ann 2417 Hill Lewis <annlewis1111@gmail.com>, Elaine Gervasi <egervasi5@gmail.com>, Djsantamonica<djsantamonica@aol.com>, Kara Fox <karafox@me.com>, Rose Youssefi <rose.youssefi@gmail.com>, Emma Sanchez <emmasanchez.us@gmail.com>, Rosvita Rauch <rmrauch@gmail.com>, Lena Grossman <lenagrossman@gmail.com>, Daly Robert<rd11@me.com>Reply-To: Beatrice Felix <felix.beatrice@yahoo.com> gleam.davis@santamonica.gov, phil.brock@santamonica.gov, christine.parra@santamonica.gov, lana.negrete@santamonica.gov, jesse.zwick@santamonica.gov, caroline.torosis@santamonica.gov, oscar.delatorre@santamonica.gov, council@smgov.net CC: City Clerk councilmtgitems@santamonica.gov, david.white@santamonica.gov, douglas.sloan@santamonica.gov, david.martin@santamonica.gov ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1518 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Sharon Toriello To:councilmtgitems Subject:GELSON LOT. Date:Monday, May 8, 2023 12:58:49 PM EXTERNAL YOU HAVE ALREADY NARROWED OUR DRIVING BY ELIMINATING ONE LANE IN EACH DIRECTION ON OCEAN PARK. NOW YOU ARE PROPOSING 551 UNITS AT THE CORNER OF LINCOLN AND OCEAN PARK. HOW DO YOU EXPECT US TO GET OUT OF OUR NEIGHBORHOOD TO GO ANYWHERE ONCE THIS IS DONE? WHERE IS THE TRAFFIC SUPPOSED TO GO? YOU ARE MAKING OUR COMMUNITY UNLIVABLE. sharon toriello 2918 6th st. #1 santa monica, ca. 90405 310-399-1044. ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1519 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Linda Sypien To:councilmtgitems Subject:I oppose the 13 builder’s remedy projects Date:Monday, May 8, 2023 2:05:48 PM EXTERNAL Dear Council Members, Please note: I oppose the Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects for lack of critical information in the staff report and insufficient time for the public to weigh in. Thank you! Linda Sypien 2nd St, Santa Monica ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1520 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:oodfay48@gmail.com To:Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis Cc:councilmtgitems; David White; Douglas Sloan Subject:Item 11 -C Date:Monday, May 8, 2023 1:07:10 PM EXTERNAL Please do not move forward with any settlement with WSC until you have adequate answers to important issues so you can explain to residents what our City will look like if this settlement is approved, why it's in the interests of the City to approve it, and when it's anticipated that these expedited projects would come online. The public needs to be informed on such a large massive building matter. Thank you Lou Steiner ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1521 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:janet rt To:councilmtgitems Subject:Item 11-C to settle 13 WSC builder’s remedy projects Date:Monday, May 8, 2023 1:07:20 PM EXTERNAL May 8, 2023 To: The City Council gleam.davis@santamonica.gov, phil.brock@santamonica.gov, christine .parra@santamonica.gov, lana.negrete@santamonica.gov, jesse.zwick@santa monica.gov, caroline.torosis@santamonica.gov, oscar.delatorre@santamonica. gov, council@smgov.net CC: City Clerk councilmtgitems@santamonica.gov, david.white@santamonica.gov, dou glas.sloan@santamonica.gov, david.martin@santamonica.gov From: The Santa Monica Coalition for a Livable City (SMCLC) www.SMCLC.net Re: Oppose Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects for lack of critical information in the staff report and insufficient time for the public to weigh in. The proposed settlement with WS Communities (WSC) over 13 of its "builder's remedy" project sites will have a huge impact on Santa Monica and its residents for generations to come. When the news broke last September that this developer had filed applications for 14 projects under a "builder's remedy" statute to construct buildings as high as 20 stories and over 4000 units citywide there was widespread opposition. Residents urged the city to hire outside counsel and oppose these projects. https://smclc.net/DevIgnoreZoning10-17-22.html In response, the City Attorney retained outside counsel who advised the City Council that there were good legal grounds to contest the filings once formal applications were filed, and one of his highest priorities was to keep the Council and the public informed. In spite of this, last Thursday city staff placed a settlement item on the Council agenda for tomorrow’s Council meeting as though it were just a routine item. But this is NOT a one-off settlement between a developer and the City over one site. WSC owns 14 builder's remedy sites throughout the City and this settlement apparently would greenlight the construction of 1000s of housing units. This proposed settlement is essentially a mega-development agreement - the biggest one in the city's history. Given this, there needs to be a high degree of disclosure as to what is being built and what the real-life benefits and burdens to the community will be if implemented. And there needs to be a more open and transparent process and sufficient notice than simply adding, almost as an afterthought, an administrative item to an already packed Council agenda. ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1522 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) Unfortunately, the staff report recommending settlement is seriously deficient. It omits critical information that is necessary for the Council and the public to weigh to determine if the settlement is in the interests of Santa Monica before approving it. Key deficiencies in the staff report include: 1. Stating that “the housing built by the owners will satisfy a significant portion of the City’s regional housing needs, as planned in its certified Housing Element” without giving the actual numbers, including the number of affordable housing units; 2. Setting forth significant benefits to WSC in developing these sites, which include expedited processing, ministerial review (precluding public scrutiny), and waiver of any environmental review as to adverse impacts which otherwise could require mitigations; 3. Failing to identify any of the corresponding burdens to the City and its residents, including increased City costs and strain on infrastructure if all of these projects come online within the next few years; 4. Failing to disclose to the Council or the public what actually will be built on any of these sites (the heights and number of units, including affordable units) in comparison to the builder’s remedy numbers posted on the City’s website at https://www.santamonica.gov/builders-remedy; 5. Stating that the 14th WSC project on Euclid (200 units/18-stories) would remain a builder’s remedy project and be excluded from the settlement without explaining what this means (is the City reserving its legal right to disapprove it?); and 6. Failing to provide a copy of any proposed settlement agreement as part of the approval process (this is, in essence, a development agreement). Absent this critical information the Council should not move forward. It's impossible to determine what the Council actually would be approving to be built - is it what was originally proposed or is it being modified? If modified, how? And how much affordable housing will be built under this settlement to satisfy the State's requirement that 2/3s of the required new housing be affordable? Moreover, it should be relatively easy for the planning staff to update the builder’s remedy chart on the City's website as to the proposed settlement with the total height, number of units and affordable units for each project so the public is kept informed. When a development agreement as momentous as this one occurs, residents are relying upon the Council to do the work, to ask the hard questions, and to demand accurate and complete information to ascertain whether this settlement is reasonable, and in the City’s best interest before approving it. This is even more important here, given the well-known history of WSC's predecessor (NMS). Please do not move forward with any settlement with WSC until you have ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1523 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) adequate answers to these issues and you can explain to residents what our City will look like if this settlement is approved, why it's in the interests of the City to approve it, and when it's anticipated that these expedited projects would come online. Thank you. Janet Tunick ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1524 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:info@smclc.net To:Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; Council Mailbox; councilmtgitems; David White; Douglas Sloan; David Martin Subject:Item 11-C: SMCLC Urges Council NOT to approve “builder’s remedy” settlement until critical information provided and public review Date:Monday, May 8, 2023 10:40:08 AM EXTERNAL May 8, 2023 To: The City Council gleam.davis@santamonica.gov, phil.brock@santamonica.gov, christine.parra@santamonica.gov, lana.negrete@santamonica.gov, jesse.zwick@santamonica.gov, Caroline.Torosis@santamonica.gov, oscar.delatorre@santamonica.gov, council@smgov.net CC: City Clerk councilmtgitems@santamonica.gov, David.white@santamonica.gov, Douglas.sloan@santamonica.gov, David.martin@santamonica.gov From: The Santa Monica Coalition for a Livable City (SMCLC) www.SMCLC.net Re: Oppose Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects for lack of critical information in the staff report and insufficient time for the public to weigh in. The proposed settlement with WS Communities (WSC) over 13 of its “builder’s remedy” project sites will have a huge impact on Santa Monica and its residents for generations to come. When the news broke last September that this developer had filed applications for 14 projects under a “builder’s remedy” statute to construct buildings as high as 20 stories and over 4000 units citywide there was widespread opposition. Residents urged the city to hire outside counsel and oppose these projects. https://smclc.net/DevIgnoreZoning10-17-22.html In response, the City Attorney retained outside counsel who advised the City Council that there were good legal grounds to contest the filings once formal applications were filed, and one of his highest priorities was to keep the Council and the public informed. In spite of this, last Thursday city staff placed a settlement item on the Council agenda for tomorrow’s Council meeting as though it were just a routine item. But this is NOT a one-off settlement between a developer and the City over one site. WSC owns 14 builder’s remedy sites throughout the City and this settlement apparently would greenlight the construction of 1000s of housing units. ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1525 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) This proposed settlement is essentially a mega development agreement - the biggest one in the city’s history. Given this, there needs to be a high degree of disclosure as to what is being built and what the real-life benefits and burdens to the community will be if implemented. And there needs to be a more open and transparent process and sufficient notice than simply adding, almost as an afterthought, an administrative item to an already packed Council agenda. Unfortunately, the staff report recommending settlement is seriously deficient. It omits critical information that is necessary for the Council and the public to weigh to determine if the settlement is in the interests of Santa Monica before approving it. Key deficiencies in the staff report include: 1. Stating that “the housing built by the owners will satisfy a significant portion of the City’s regional housing needs, as planned in its certified Housing Element” without giving the actual numbers, including the number of affordable housing units; 2. Setting forth significant benefits to WSC in developing these sites, which include expedited processing, ministerial review (precluding public scrutiny), and waiver of any environmental review as to adverse impacts which otherwise could require mitigations; 3. Failing to identify any of the corresponding burdens to the City and its residents, including increased City costs and strain on infrastructure if all of these projects come online within the next few years; 4. Failing to disclose to the Council or the public what actually will be built on any of these sites (the heights and number of units, including affordable units) in comparison to the builder’s remedy numbers posted on the City’s website at https://www.santamonica.gov/builders-remedy; 5. Stating that the 14th WSC project on Euclid (200 units/18-stories) would remain a builder’s remedy project and be excluded from the settlement without explaining what this means (is the City reserving its legal right to disapprove it?); and 6. Failing to provide a copy of any proposed settlement agreement as part of the approval process (this is, in essence, a development agreement). Absent this critical information the Council should not move forward. It’s impossible to determine what the Council actually would be approving to be built - is it what was originally proposed or is it being modified? If modified, how? And how much affordable housing will be built under this settlement to satisfy the State’s requirement that 2/3s of the required new housing be affordable? Moreover, it should be relatively easy for the planning staff to update the builder’s remedy chart on the City’s website as to the proposed settlement with the total height, number of units and affordable units for each project so the public is kept informed. When a development agreement as momentous as this one occurs, residents are relying upon the Council to do the work, to ask the hard questions, and to demand accurate and complete information to ascertain whether this settlement is reasonable, and in the City’s best interest before approving it. This is even more important here, given the well-known history of WSC’s predecessor (NMS). Please do not move forward with any settlement with WSC until you have adequate answers to these issues and you can explain to residents what our City will look like if this settlement is approved, why it’s in the interests of the ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1526 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) City to approve it, and when it’s anticipated that these expedited projects would come online. Thank you. ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1527 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Linda Shayne To:councilmtgitems; Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; Council Mailbox; David White; Douglas Sloan; David Martin Subject:OPPOSE Staff Admin Item 11-C to settle 13 WSC for LACK of CRITICAL INFO Date:Monday, May 8, 2023 2:01:02 PM EXTERNAL May 8, 2023 From: LINDA SHAYNE (resident and business owner in the city of Santa Monica, CA) Re: Oppose Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects for lack of critical information in the staff report and insufficient time for the public to weigh in. The proposed settlement with WS Communities (WSC) over 13 of its "builder's remedy" project sites will have a huge impact on Santa Monica and its residents for generations to come. When the news broke last September that this developer had filed applications for 14 projects under a "builder's remedy" statute to construct buildings as high as 20 stories and over 4000 units citywide there was widespread opposition. Residents urged the city to hire outside counsel and oppose these projects. https://smclc.net/DevIgnoreZoning10-17- 22.html In response, the City Attorney retained outside counsel who advised the City Council that there were good legal grounds to contest the filings once formal applications were filed, and one of his highest priorities was to keep the Council and the public informed. In spite of this, last Thursday city staff placed a settlement item on the Council agenda for tomorrow’s Council meeting as though it were just a routine item. But this is NOT a one-off settlement between a developer and the City over one site. WSC owns 14 builder's remedy sites throughout the City and this settlement apparently would greenlight the construction of 1000s of housing units. This proposed settlement is essentially a mega-development agreement - the biggest one in the city's history. Given this, there needs to be a high degree of disclosure as to what is being built and what the real-life benefits and burdens to the community will be if implemented. And there needs to be a more open and transparent process and sufficient notice than simply adding, almost as an afterthought, an administrative item to an already packed Council agenda. Unfortunately, the staff report recommending settlement is seriously deficient. It omits critical information that is necessary for the Council and the public to weigh to determine if the settlement is in the interests of Santa Monica before approving it. Key deficiencies in the staff report include: 1. Stating that “the housing built by the owners will satisfy a significant ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1528 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) portion of the City’s regional housing needs, as planned in its certified Housing Element” without giving the actual numbers, including the number of affordable housing units; 2. Setting forth significant benefits to WSC in developing these sites, which include expedited processing, ministerial review (precluding public scrutiny), and waiver of any environmental review as to adverse impacts which otherwise could require mitigations; 3. Failing to identify any of the corresponding burdens to the City and its residents, including increased City costs and strain on infrastructure if all of these projects come online within the next few years; 4. Failing to disclose to the Council or the public what actually will be built on any of these sites (the heights and number of units, including affordable units) in comparison to the builder’s remedy numbers posted on the City’s website at https://www.santamonica.gov/builders-remedy; 5. Stating that the 14th WSC project on Euclid (200 units/18-stories) would remain a builder’s remedy project and be excluded from the settlement without explaining what this means (is the City reserving its legal right to disapprove it?); and 6. Failing to provide a copy of any proposed settlement agreement as part of the approval process (this is, in essence, a development agreement). Absent this critical information the Council should not move forward. It's impossible to determine what the Council actually would be approving to be built - is it what was originally proposed or is it being modified? If modified, how? And how much affordable housing will be built under this settlement to satisfy the State's requirement that 2/3s of the required new housing be affordable? Moreover, it should be relatively easy for the planning staff to update the builder’s remedy chart on the City's website as to the proposed settlement with the total height, number of units and affordable units for each project so the public is kept informed. When a development agreement as momentous as this one occurs, residents are relying upon the Council to do the work, to ask the hard questions, and to demand accurate and complete information to ascertain whether this settlement is reasonable, and in the City’s best interest before approving it. This is even more important here, given the well-known history of WSC's predecessor (NMS). Please do not move forward with any settlement with WSC until you have adequate answers to these issues and you can explain to residents what our City will look like if this settlement is approved, why it's in the interests of the City to approve it, and when it's anticipated that these expedited projects would come online. Thank you. LINDA SHAYNE resident of Santa Monica, CA 310-486-5400 ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1529 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Susan Suntree To:Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; Council Mailbox Cc:councilmtgitems Subject:Oppose Staff Administrative Item 11-C to settle 13 Date:Monday, May 8, 2023 1:07:55 PM EXTERNAL May 8, 2023To: The City Council gleam.davis@santamonica.gov, phil.brock@santamonica.gov, christine.parra@santamonica.gov, lana.negrete@santamonica.gov, jesse.zwick@santamonica.gov, caroline.torosis@santamonica.gov, oscar.delatorre@santamonica.gov, council@smgov.net CC: City Clerk councilmtgitems@santamonica.gov, david.white@santamonica.gov, douglas.sloan@santamonica.gov, david.martin@santamonica.gov FROM: SUSAN SUNTREE 1223 11th Street, Santa Monica, CA 90401 DEAR MEMBERS OF THE CITY COUNCIL: I SUPPORT THE POSITION OUTLINED IN THE FOLLOWING LETTER. PLEASE STAND FIRM FOR SENSIBLE PLANNING AND PROCEDURES. SINCERELY, SUSAN SUNTREE From: The Santa Monica Coalition for a Livable City (SMCLC) www.SMCLC.net Re: Oppose Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects for lack of critical information in the staff report and insufficient time for the public to weigh in. The proposed settlement with WS Communities (WSC) over 13 of its "builder's remedy" project sites will have a huge impact on Santa Monica and its residents for generations to come. When the news broke last September that this developer had filed applications for 14 projects under a "builder's remedy" statute to construct buildings as high as 20 stories and over 4000 units citywide there was widespread opposition. Residents urged the city to hire outside counsel and oppose theseprojects. https://smclc.net/DevIgnoreZoning10-17-22.html In response, the City Attorney retained outside counsel who advised the City Council that there were good legal grounds to contest the filings once formal applications were filed, and one of his highest priorities was to keep the Council and the public informed. In spite of this, last Thursday city staff placed a settlement item on the Council agenda for tomorrow’s Council meeting as though it were just a routine item. But this is NOT a one-off settlement between a developer and the City over one site. WSC owns 14 builder's remedy sites throughout the City and this settlement apparently would greenlight the construction of 1000s of housing units. This proposed settlement is essentially a mega-development agreement - the biggest one in the city's history. Given this, there needs to be a high degree of disclosure as to what is being built and what the real-life benefits and burdens to the community will be if implemented. And there needs to be a more open and transparent process and sufficient notice than simply adding, almost as an afterthought, an administrative item to an already packed Council agenda. Unfortunately, the staff report recommending settlement is seriously deficient. It omits critical information that is necessary for the Council and the public to weigh to determine if the settlement is in the interests of Santa Monica before approvingit. Key deficiencies in the staff report include: 1. Stating that “the housing built by the owners will satisfy a significant portion of the City’s regional housing needs, as planned in its certified Housing Element” without giving the actual numbers, including the number of affordable housing units; 2. Setting forth significant benefits to WSC in developing these sites, which include expedited processing, ministerial review (precluding public scrutiny), and waiver of any environmental review as to adverse impacts which otherwise could require mitigations; 3. Failing to identify any of the corresponding burdens to the City and its residents, including increased City costs and strain on infrastructure if all of these projects come online within the next few years; 4. Failing to disclose to the Council or the public what actually will be built on any of these sites (the heights and number of units, including affordable units) in comparison to the builder’s remedy numbers posted on the City’s website at https://www.santamonica.gov/builders-remedy; 5. Stating that the 14th WSC project on Euclid (200 units/18-stories) would remain a builder’s remedy project and be excluded from the settlement without explaining what this means (is the City reserving its legal right to disapprove it?); and 6. Failing to provide a copy of any proposed settlement agreement as part of the approval process (this is, in essence, a development agreement). Absent this critical information the Council should not move forward. It's impossible to determine what the Council actually would be approving to be built - is it what was originally proposed or is it being modified? If modified, how? And how much affordable housing will be built under this settlement to satisfy the State's requirement that 2/3s of the required new housing be affordable? Moreover, it should be relatively easy for the planning staff to update the builder’s remedy chart on the City's website as to the proposed settlement with the total height, number of units and affordable units for each project so the public is keptinformed. When a development agreement as momentous as this one occurs, residents are relying upon the Council to do the work, to ask the hard questions, and to demand accurate and complete information to ascertain whether this settlement isreasonable, and in the City’s best interest before approving it. This is even more important here, given the well-known history of WSC's predecessor (NMS). Please do not move forward with any settlement with WSC until you have adequate answers to these issues and you can explain to residents what our City will look like if this settlement is approved, why it's in the interests of the City to approveit, and when it's anticipated that these expedited projects would come online. Thank you. Victor, Diana, Sherrill and Jeff ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1530 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Danielle Charney To:Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; Council Mailbox Cc:councilmtgitems; David White; Douglas Sloan; David Martin Subject:Oppose Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects for lack of critical information in the staff report and insufficient time for the public to weigh in. Date:Monday, May 8, 2023 1:04:18 PM EXTERNAL I AM COPYING THIS LETTER FROM SMCLC BECAUSE NOBODY SAYS IT BETTER.. BUT I ADD THAT THIS CITY HAS ALLOWED NMS/WS TO PRETTY MUCH RUIN THIS TOWN WITH IT'S UGLY BUILDINGS AND DISHONEST PRACTICES..THEY WERE CONVICTED IN COURT REGARDING THIS AND YOU STILL ALLOW THEM TO WALK ALL OVER US...THEY ARE THE LOWEST OF THE LOW -ONLY LOWER ARE THEIR SLIMY ATTORNEYS.. The proposed settlement with WS Communities (WSC) over 13 of its "builder's remedy" project sites will have a huge impact on Santa Monica and its residents for generations to come. When the news broke last September that this developer had filed applications for 14 projects under a "builder's remedy" statute to construct buildings as high as 20 stories and over 4000 units citywide there was widespread opposition. Residents urged the city to hire outside counsel and oppose these projects. https://smclc.net/DevIgnoreZoning10-17- 22.html In response, the City Attorney retained outside counsel who advised the City Council that there were good legal grounds to contest the filings once formal applications were filed, and one of his highest priorities was to keep the Council and the public informed. In spite of this, last Thursday city staff placed a settlement item on the Council agenda for tomorrow’s Council meeting as though it were just a routine item. But this is NOT a one-off settlement between a developer and the City over one site. WSC owns 14 builder's remedy sites throughout the City and this settlement apparently would greenlight the construction of 1000s of housing units. This proposed settlement is essentially a mega-development agreement - the biggest one in the city's history. Given this, there needs to be a high degree of disclosure as to what is being built and what the real-life benefits and burdens to the community will be if implemented. And there needs to be a more open and transparent process and sufficient notice than simply adding, almost as an afterthought, an administrative item to an already packed Council agenda. Unfortunately, the staff report recommending settlement is seriously deficient. It omits critical information that is necessary for the Council and the public to weigh to determine if the settlement is in the interests of Santa Monica before approving it. Key deficiencies in the staff report include: 1. Stating that “the housing built by the owners will satisfy a significant portion of the City’s regional housing needs, as planned in its certified ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1531 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) Housing Element” without giving the actual numbers, including the number of affordable housing units; 2. Setting forth significant benefits to WSC in developing these sites, which include expedited processing, ministerial review (precluding public scrutiny), and waiver of any environmental review as to adverse impacts which otherwise could require mitigations; 3. Failing to identify any of the corresponding burdens to the City and its residents, including increased City costs and strain on infrastructure if all of these projects come online within the next few years; 4. Failing to disclose to the Council or the public what actually will be built on any of these sites (the heights and number of units, including affordable units) in comparison to the builder’s remedy numbers posted on the City’s website at https://www.santamonica.gov/builders-remedy; 5. Stating that the 14th WSC project on Euclid (200 units/18-stories) would remain a builder’s remedy project and be excluded from the settlement without explaining what this means (is the City reserving its legal right to disapprove it?); and 6. Failing to provide a copy of any proposed settlement agreement as part of the approval process (this is, in essence, a development agreement). Absent this critical information the Council should not move forward.It's impossible to determine what the Council actually would be approving to be built - is it what was originally proposed or is it being modified? If modified, how? And how much affordable housing will be built under this settlement to satisfy the State's requirement that 2/3s of the required new housing be affordable? Moreover, it should be relatively easy for the planning staff to update the builder’s remedy chart on the City's website as to the proposed settlement with the total height, number of units and affordable units for each project so the public is kept informed. When a development agreement as momentous as this one occurs, residents are relying upon the Council to do the work, to ask the hard questions, and to demand accurate and complete information to ascertain whether this settlement is reasonable, and in the City’s best interest before approving it. This is even more important here, given the well-known history of WSC's predecessor (NMS). Please do not move forward with any settlement with WSC until you have adequate answers to these issues and you can explain to residents what our City will look like if this settlement is approved, why it's in the interests of the City to approve it, and when it's anticipated that these expedited projects would come online. ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1532 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:LAWRENCE ROBINSON To:Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; Council Mailbox Cc:councilmtgitems Subject:Oppose Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects for lack of critical information in the staff report and insufficient time for the public to weigh in Date:Monday, May 8, 2023 1:24:08 PM EXTERNAL The proposed settlement with WS Communities (WSC) over 13 of its "builder's remedy" project sites will have a huge impact on Santa Monica and its residents for generations to come. When the news broke last September that this developer had filed applications for 14 projects under a "builder's remedy" statute to construct buildings as high as 20 stories and over 4000 units citywide there was widespread opposition. Residents urged the city to hire outside counsel and oppose these projects. https://smclc.net/DevIgnoreZoning10-17- 22.html In response, the City Attorney retained outside counsel who advised the City Council that there were good legal grounds to contest the filings once formal applications were filed, and one of his highest priorities was to keep the Council and the public informed. In spite of this, last Thursday city staff placed a settlement item on the Council agenda for tomorrow’s Council meeting as though it were just a routine item. But this is NOT a one-off settlement between a developer and the City over one site. WSC owns 14 builder's remedy sites throughout the City and this settlement apparently would greenlight the construction of 1000s of housing units. This proposed settlement is essentially a mega-development agreement - the biggest one in the city's history. Given this, there needs to be a high degree of disclosure as to what is being built and what the real-life benefits and burdens to the community will be if implemented. And there needs to be a more open and transparent process and sufficient notice than simply adding, almost as an afterthought, an administrative item to an already packed Council agenda. Unfortunately, the staff report recommending settlement is seriously deficient. It omits critical information that is necessary for the Council and the public to weigh to determine if the settlement is in the interests of Santa Monica before approving it. Key deficiencies in the staff report include: 1. Stating that “the housing built by the owners will satisfy a significant portion of the City’s regional housing needs, as planned in its certified Housing Element” without giving the actual numbers, including the number of affordable housing units; 2. Setting forth significant benefits to WSC in developing these sites, which include expedited processing, ministerial review (precluding public scrutiny), and waiver of any environmental review as to adverse impacts which otherwise could require mitigations; 3. Failing to identify any of the corresponding burdens to the City and its ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1533 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) residents, including increased City costs and strain on infrastructure if all of these projects come online within the next few years; 4. Failing to disclose to the Council or the public what actually will be built on any of these sites (the heights and number of units, including affordable units) in comparison to the builder’s remedy numbers posted on the City’s website at https://www.santamonica.gov/builders-remedy; 5. Stating that the 14th WSC project on Euclid (200 units/18-stories) would remain a builder’s remedy project and be excluded from the settlement without explaining what this means (is the City reserving its legal right to disapprove it?); and 6. Failing to provide a copy of any proposed settlement agreement as part of the approval process (this is, in essence, a development agreement). Absent this critical information the Council should not move forward.It's impossible to determine what the Council actually would be approving to be built - is it what was originally proposed or is it being modified? If modified, how? And how much affordable housing will be built under this settlement to satisfy the State's requirement that 2/3s of the required new housing be affordable? Moreover, it should be relatively easy for the planning staff to update the builder’s remedy chart on the City's website as to the proposed settlement with the total height, number of units and affordable units for each project so the public is kept informed. When a development agreement as momentous as this one occurs, residents are relying upon the Council to do the work, to ask the hard questions, and to demand accurate and complete information to ascertain whether this settlement is reasonable, and in the City’s best interest before approving it. This is even more important here, given the well-known history of WSC's predecessor (NMS). Please do not move forward with any settlement with WSC until you have adequate answers to these issues and you can explain to residents what our City will look like if this settlement is approved, why it's in the interests of the City to approve it, and when it's anticipated that these expedited projects would come online. LR ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1534 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Mary Hubbell To:Gleam Davis; Phil Brock; Council Mailbox Cc:councilmtgitems; David White; Douglas Sloan; David Martin Subject:Oppose Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects Date:Monday, May 8, 2023 1:30:01 PM EXTERNAL Dear Mayor and City Councilmembers; I urge you to oppose Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects. I agree with all of the statements in the letter from The Santa Monica Coalition for a Livable City (SMCLC) – see below. The City needs to be fighting the destruction of our City at every level. Concerned resident, Mary Hubbell Ocean Park May 8, 2023 To: The City Council gleam.davis@santamonica.gov, phil.brock@santamonica.gov, christine.parra@santamonica.gov, lana.negrete@santamonica.gov, jesse.zwick@santamonica.gov, caroline.torosis@santamonica.gov, oscar.delatorre@santamonica.gov, council@smgov.net CC: City Clerk councilmtgitems@santamonica.gov, david.white@santamonica.gov, douglas.sloan@santamonica.gov, david.martin@santamonica.gov From: The Santa Monica Coalition for a Livable City (SMCLC) www.SMCLC.net Re: Oppose Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects for lack of critical information in the staff report and insufficient time for the public to weigh in. The proposed settlement with WS Communities (WSC) over 13 of its "builder's remedy" project sites will have a huge impact on Santa Monica and its residents for generations to come. When the news broke last September that this developer had filed applications for 14 projects under a "builder's remedy" statute to construct buildings as high as 20 stories and over 4000 units citywide there was widespread opposition. Residents urged the city to hire outside counsel and oppose these projects. https://smclc.net/DevIgnoreZoning10-17-22.html In response, the City Attorney retained outside counsel who advised the City Council that there were good legal grounds to contest the filings once formal applications were filed, and one of his highest priorities was to keep the Council and the public informed. In spite of this, last Thursday city staff placed a settlement item on the Council agenda for tomorrow’s Council meeting as though it were just a routine item. But this is NOT a one-off settlement between a developer and the City over one site. WSC owns 14 builder's remedy sites throughout the City and this settlement apparently would greenlight the construction of 1000s of housing units. This proposed settlement is essentially a mega-development agreement - the biggest one in the city's history. Given this, there needs to be a high degree of disclosure as to what is being built and what the real-life benefits and burdens to the community will be if implemented. And there needs to be a more open and transparent process and sufficient notice than simply adding, almost as an afterthought, an administrative item to an already packed Council agenda. Unfortunately, the staff report recommending settlement is seriously deficient. It omits critical information that is necessary for the Council and the public to weigh to determine if the settlement is in the interests of Santa Monica before approving it. Key deficiencies in the staff report include: 1. Stating that “the housing built by the owners will satisfy a significant portion of the City’s regional housing needs, as planned in its certified Housing Element” without giving the actual numbers, including the number of affordable housing units; 2. Setting forth significant benefits to WSC in developing these sites, which include expedited processing, ministerial review (precluding public scrutiny), and waiver of any environmental review as to adverse impacts which otherwise could require mitigations; 3. Failing to identify any of the corresponding burdens to the City and its residents, including increased City costs and strain on infrastructure if all of these projects come online within the next few years; 4. Failing to disclose to the Council or the public what actually will be built on any of these sites (the heights and number of units, including affordable units) in comparison to the builder’s remedy numbers posted on the City’s website at https://www.santamonica.gov/builders-remedy; 5. Stating that the 14th WSC project on Euclid (200 units/18-stories) would remain a builder’s remedy project and be excluded from the settlement without explaining what this means (is the City reserving its legal right to disapprove it?); and 6. Failing to provide a copy of any proposed settlement agreement as part of the approval process (this is, in essence, a development agreement). Absent this critical information the Council should not move forward. It's impossible to determine what the Council actually would be approving to be built - is it what was originally proposed or is it being modified? If modified, how? And how much affordable housing will be built under this settlement to satisfy the State's requirement that 2/3s of the required new housing be affordable? Moreover, it should be relatively easy for the planning staff to update the builder’s remedy chart on the City's website as to the proposed settlement with the total height, number of units and affordable units for each project so the public is kept informed. When a development agreement as momentous as this one occurs, residents are relying upon the Council to do the work, to ask the hard questions, and to demand accurate and complete information to ascertain whether this settlement is reasonable, and in the City’s best interest before approving it. This is even more important here, given the well-known history of WSC's predecessor (NMS). Please do not move forward with any settlement with WSC until you have adequate answers to these issues and you can explain to residents what our City will look like if this settlement is approved, why it's in the interests of the City to approve it, and when it's anticipated that these expedited projects would come online. Thank you. Victor, Diana, Sherrill and Jeff ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1535 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Suzanne Verge To:Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; Council Mailbox Cc:councilmtgitems; David White; Douglas Sloan; David Martin Subject:Oppose Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects for lack of critical information in the staff report and insufficient time for the public to weigh in. Date:Monday, May 8, 2023 2:00:55 PM EXTERNAL Re: Oppose Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects for lack of critical information in the staff report and insufficient time for the public to weigh in. Please do not move forward with any settlement with WSC until we have adequate answers and the Council can explain to residents what our City will look like if this settlement is approved, why it's in the interests of the City to approve it, and when it's anticipated that these expedited projects would come online. With gratitude, Suzanne Verge Santa Monica resident ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1536 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Kate@SantaMonicaListings.com To:councilmtgitems Subject:Oppose Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects Date:Monday, May 8, 2023 2:27:39 PM Attachments:Blue.png Facebook.png Top Agent Network - Verified Member.png 1_Email Signature_Kate Bransfield.png EXTERNAL Re: Oppose Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects for lack of critical information in the staff report and insufficient time for the public to weigh in. The proposed settlement with WS Communities (WSC) over 13 of its "builder's remedy" project sites will have a huge impact on Santa Monica and its residents for generations to come. When the news broke last September that this developer had filed applications for 14 projects under a "builder's remedy" statute to construct buildings as high as 20 stories and over 4000 units citywide there was widespread opposition. Residents urged the city to hire outside counsel and oppose these projects. https://smclc.net/DevIgnoreZoning10-17-22.html In response, the City Attorney retained outside counsel who advised the City Council that there were good legal grounds to contest the filings once formal applications were filed, and one of his highest priorities was to keep the Council and the public informed. In spite of this, last Thursday city staff placed a settlement item on the Council agenda for tomorrow’s Council meeting as though it were just a routine item. But this is NOT a one-off settlement between a developer and the City over one site. WSC owns 14 builder's remedy sites throughout the City and this settlement apparently would greenlight the construction of 1000s of housing units. This proposed settlement is essentially a mega-development agreement - the biggest one in the city's history. Given this, there needs to be a high degree of disclosure as to what is being built and what the real-life benefits and burdens to the community will be if implemented. And there needs to be a more open and transparent process and sufficient notice than simply adding, almost as an afterthought, an administrative item to an already packed Council agenda. Unfortunately, the staff report recommending settlement is seriously deficient. It omits critical information that is necessary for the Council and the public to weigh to determine if the settlement is in the interests of Santa Monica before approving it. Key deficiencies in the staff report include: 1. Stating that “the housing built by the owners will satisfy a significant portion of the City’s regional housing needs, as planned in its certified Housing Element” without giving the actual numbers, including the number of affordable housing units; 2. Setting forth significant benefits to WSC in developing these sites, which include expedited processing, ministerial review (precluding public scrutiny), and waiver of any environmental review as to adverse impacts which otherwise could require mitigations; 3. Failing to identify any of the corresponding burdens to the City and its residents, including increased City costs and strain on infrastructure if all of these projects come online within the next few years; ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1537 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) 4. Failing to disclose to the Council or the public what actually will be built on any of these sites (the heights and number of units, including affordable units) in comparison to the builder’s remedy numbers posted on the City’s website at https://www.santamonica.gov/builders-remedy ; 5. Stating that the 14th WSC project on Euclid (200 units/18-stories) would remain a builder’s remedy project and be excluded from the settlement without explaining what this means (is the City reserving its legal right to disapprove it?); and 6. Failing to provide a copy of any proposed settlement agreement as part of the approval process (this is, in essence, a development agreement). Absent this critical information the Council should not move forward. It's impossible to determine what the Council actually would be approving to be built - is it what was originally proposed or is it being modified? If modified, how? And how much affordable housing will be built under this settlement to satisfy the State's requirement that 2/3s of the required new housing be affordable? Moreover, it should be relatively easy for the planning staff to update the builder’s remedy chart on the City's website as to the proposed settlement with the total height, number of units and affordable units for each project so the public is kept informed. When a development agreement as momentous as this one occurs, residents are relying upon the Council to do the work, to ask the hard questions, and to demand accurate and complete information to ascertain whether this settlement is reasonable, and in the City’s best interest before approving it. This is even more important here, given the well-known history of WSC's predecessor (NMS). Please do not move forward with any settlement with WSC until you have adequate answers to these issues and you can explain to residents what our City will look like if this settlement is approved, why it's in the interests of the City to approve it, and when it's anticipated that these expedited projects would come online. Thank you. Kate Estates DirectorGlobal Luxury SpecialistCalDRE # 01218699310.395.1133Kate@SantaMonicaListings.comwww.SantaMonicaListings.comColdwell Banker Realty1608 Montana AvenueSanta Monica, 90403 ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1538 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1539 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Bridget Terry To:Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; Council Mailbox Cc:councilmtgitems Subject:Oppose Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects for lack of critical information in the staff report and insufficient time for the public to weigh in. Date:Monday, May 8, 2023 2:31:26 PM EXTERNAL Dear Council — I join with The Santa Monica Coalition for a Livable City’s letter to you regarding Administrative Item 11-C. Please insist on trnasparency for your constituent residents of Santa Monica before voting on this. Thank you. Bridget Terry Santa Monica resident ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1540 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Lisa Test, OTD, OTR/L To:Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; Council Mailbox; councilmtgitems; David White; Douglas Sloan; David Martin Subject:Oppose Staff Admistrative Item 11-c Date:Monday, May 8, 2023 2:59:25 PM EXTERNAL To whom it may concern I strongly oppose the settlement agreement. There has not been sufficient time for the public to weigh in on this. Pleaseconsider the impact on us Santa Monica residents. There is little value to us andour view points to a livable city. Again, city council should be taking into account us as residence. There seems tobe priority for business with little regard to those who live here. Kindly, Lisa Test Grant Street, Santa Monica ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1541 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Paul Berman To:councilmtgitems Subject:Opposition to Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects for lack of critical information in the staff report and insufficient time for the public to weigh in. Date:Monday, May 8, 2023 2:13:47 PM EXTERNAL I am opposed to changing the character of Santa Monica from a beach community into a city of high rises. Please do not vote in support of Staff Administrative item 11- C. Thank you. Sincerely, Paul Berman Resident and business owner in Santa Monica ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1542 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Neal Wilde To:Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; Council Mailbox Cc:councilmtgitems Subject:Please do NOT approve the “Builder’s Remedy” Settlement with WSC Date:Monday, May 8, 2023 1:47:39 PM EXTERNAL Please oppose Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects for lack of critical information in the staff report and insufficient time for the public to weigh in. Thank you. Neal Wilde Santa Monica resident Sent from my iPhone ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1543 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Michelle Page To:Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; Council Mailbox; councilmtgitems; David White; Douglas Sloan; David Martin Subject:Please, this is important: Stop the madness! Date:Monday, May 8, 2023 1:29:24 PM EXTERNAL May 8, 2023To: The CityCouncil gleam.davis@santamonica.gov, phil.brock@santamonica.gov, christine.parra@santamonica.gov, lana.negrete@santamonica.gov, jesse.zwick@santamonica.gov, caroline.torosis@santamonica.gov, oscar.delatorre@santamonica.gov, council@smgov.net CC: City Clerk councilmtgitems@santamonica.gov, david.white@santamonica.gov, douglas.sloan@santamonica.gov, david.martin@santamonica.gov From: The Santa Monica Coalition for a Livable City (SMCLC) www.SMCLC.net Re: Oppose Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects for lack of critical information in the staff report and insufficient time for the public to weigh in. The proposed settlement with WS Communities (WSC) over 13 of its "builder's remedy" project sites will have a huge impact on Santa Monica and its residents for generations to come. When the news broke last September that this developer had filed applications for 14 projects under a "builder's remedy" statute to construct buildings as high as 20 stories and over 4000 units citywide there was widespread opposition. Residents urged the city to hire outside counsel and oppose theseprojects. https://smclc.net/DevIgnoreZoning10-17-22.html In response, the City Attorney retained outside counsel who advised the City Council that there were good legal grounds to contest the filings once formal applications were filed, and one of his highest priorities was to keep the Council and the publicinformed. In spite of this, last Thursday city staff placed a settlement item on the Council agenda for tomorrow’s Council meeting as though it were just a routine item. But this is NOT a one-off settlement between a developer and the City over one site. WSC owns 14 builder's remedy sites throughout the City and this settlement apparently would greenlight the construction of 1000s of housing units. This proposed settlement is essentially a mega-development agreement - the biggest one in the city's history. Given this, there needs to be a high degree of disclosure as to what is being built and what the real-life benefits and burdens to the community will be if implemented. And there needs to be a more open and transparent process and sufficient notice than simply adding, almost as an afterthought, an administrative item to an already packed Council agenda. Unfortunately, the staff report recommending settlement is seriously deficient. It omits critical information that is necessary for the Council and the public to weigh to determine if the settlement is in the interests of Santa Monica before approving it. Key deficiencies in the staff report include: 1. Stating that “the housing built by the owners will satisfy a significant portion of the City’s regional housing needs, as planned in its certified Housing Element” without giving the actual numbers, including the number of affordable housing units; 2. Setting forth significant benefits to WSC in developing these sites, which include expedited processing, ministerial review (precluding public scrutiny), and waiver of any environmental review as to adverse impacts which otherwise could require mitigations; 3. Failing to identify any of the corresponding burdens to the City and its residents, including increased City costs and strain on infrastructure if all of these projects come online within the next few years; 4. Failing to disclose to the Council or the public what actually will be built on any of these sites (the heights and number of units, including affordable units) in comparison to the builder’s remedy numbers posted on the City’s website at https://www.santamonica.gov/builders-remedy; 5. Stating that the 14th WSC project on Euclid (200 units/18-stories) would remain a builder’s remedy project and be excluded from the settlement without explaining what this means (is the City reserving its legal right to disapprove it?); and 6. Failing to provide a copy of any proposed settlement agreement as part of the approval process (this is, in essence, a development agreement). Absent this critical information the Council should not move forward. It's impossible to determine what the Council actually would be approving to be built - is it what was originally proposed or is it being modified? If modified, how? And how muchaffordable housing will be built under this settlement to satisfy the State's requirement that 2/3s of the required new housing be affordable? Moreover, it should be relatively easy for the planning staff to update the builder’s remedy chart on the City's website as to the proposed settlement with the total height, number of units and affordable units for each project so the public is kept informed. When a development agreement as momentous as this one occurs, residents are relying upon the Council to do the work, to ask the hard questions, and to demand accurate and complete information to ascertain whether this settlement is reasonable, andin the City’s best interest before approving it. This is even more important here, given the well-known history of WSC's predecessor (NMS). Please do not move forward with any settlement with WSC until you have adequate answers to these issues and you can explain to residents what our City will look like if this settlement is approved, why it's in the interests of the City to approve it, andwhen it's anticipated that these expedited projects would come online. Thank you. A Michelle Page -- My Blog: NepalDog.typepad.com My website: NepalDog.com The complete Los Angeles Times article can be viewed at: http://www.latimes.com/features/home/la-hm-dogs24apr24,1,2996307.story www.NepalDog.com 310.828.2628 Land line - no texting ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1544 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Sarah Lewis To:Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; Council Mailbox; Gleam Davis Cc:councilmtgitems; David White; Douglas Sloan; David Martin Subject:Proposed settlement of 13 WSC “builder’s remedy” projects Date:Monday, May 8, 2023 1:44:48 PM EXTERNAL Hello, You have received a letter from the The Santa Monica Coalition for a Livable City (SMCLC) opposing the settlement of 13 WSC builder’s remedy projects. Such a settlement merits far greater detail of communication than has been provided so far and in fact the staff report lacks significant important information commensurate with projects of this size. I add my voice to those of other concerned Santa Monica residents and support the vigorous opposition to this proposed settlement. Regards, Sarah Lewis ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1545 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Jero Books & Templet Co. To:councilmtgitems Subject:Re: City Development OR Not Date:Monday, May 8, 2023 1:30:53 PM EXTERNAL I agree with the statements below, there is Enough Development as it is Now, and traffic is Bad!! Mary Rojeski 38 yr resident of S.M.   SMCLC's letter: May 8, 2023 To: The City Council gleam.davis@santamonica.gov, phil.brock@santamonica.gov, christine.parra@santamonica.gov, lana.negrete@santamonica.gov, jesse.zwick@santamonica.gov, caroline.torosis@santamonica.gov, oscar.delatorre@santamonica.gov, council@smgov.net CC: City Clerk councilmtgitems@santamonica.gov, david.white@santamonica.gov, douglas.sloan@santamonica.gov, david.martin@santamonica.gov From: The Santa Monica Coalition for a Livable City (SMCLC) www.SMCLC.net Re: Oppose Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects for lack of critical information in the staff report and insufficient time for the public to weigh in. The proposed settlement with WS Communities (WSC) over 13 of its "builder's remedy" project sites will have a huge impact on Santa Monica and its residents for generations to come. When the news broke last September that this developer had filed applications for 14 projects under a "builder's remedy" statute to construct buildings as high as 20 stories and over 4000 units citywide there was widespread opposition. Residents urged the city to hire outside counsel and oppose these projects. https://smclc.net/DevIgnoreZoning10-17-22.html In response, the City Attorney retained outside counsel who advised the City Council that there were good legal grounds to contest the filings once formal applications were filed, and one of his highest priorities was to keep the Council and the public informed. In spite of this, last Thursday city staff placed a settlement item on the Council agenda for tomorrow’s Council meeting as though it were just a routine item. But this is NOT a one-off settlement between a developer and the City over one site. WSC owns 14 builder's remedy sites throughout the City and this settlement apparently would greenlight the construction of 1000s of housing units. This proposed settlement is essentially a mega-development agreement - the biggest one in the city's history. Given this, there needs to be a high degree of disclosure as to what is being built and what the real-life benefits and burdens to the community will be if implemented. And there needs to be a more open and transparent process and sufficient notice than simply adding, almost as an afterthought, an administrative item to an already packed Council agenda. Unfortunately, the staff report recommending settlement is seriously deficient. It omits critical information that is necessary for the Council and the public to weigh to determine if the settlement is in the interests of Santa Monica before approving it. Key deficiencies in the staff report include: 1. Stating that “the housing built by the owners will satisfy a significant portion of the City’s regional housing needs, as planned in its certified Housing Element” without giving the actual numbers, including the number of affordable housing units; 2. Setting forth significant benefits to WSC in developing these sites, which include expedited processing, ministerial review (precluding public scrutiny), and waiver of any environmental review as to adverse impacts which otherwise could require mitigations; 3. Failing to identify any of the corresponding burdens to the City and its residents, including increased City costs and strain on infrastructure if all of these projects come online within the next few years; 4. Failing to disclose to the Council or the public what actually will be built on any of these sites (the heights and number of units, including affordable units) in comparison to the builder’s remedy numbers posted on the City’s website at https://www.santamonica.gov/builders-remedy; 5. Stating that the 14th WSC project on Euclid (200 units/18-stories) would remain a builder’s remedy project and be excluded from the settlement without explaining what this means (is the City reserving its legal right to disapprove it?); and 6. Failing to provide a copy of any proposed settlement agreement as part of the approval process (this is, in essence, a development agreement). Absent this critical information the Council should not move forward. It's impossible to determine what the Council actually would be approving to be built - is it what was originally proposed or is it being modified? If modified, how? And how much affordable housing will be built under this settlement to satisfy the State's requirement that 2/3s of the required new housing be affordable? Moreover, it should be relatively easy for the planning staff to update the builder’s remedy chart on the City's website as to the proposed settlement with the total height, number of units and affordable units for each project so the public is kept informed. When a development agreement as momentous as this one occurs, residents are relying upon the Council to do the work, to ask the hard questions, and to demand accurate and complete information to ascertain whether this settlement is reasonable, and in the City’s best interest before approving it. This is even more important here, given the well-known history of WSC's predecessor (NMS). Please do not move forward with any settlement with WSC until you have adequate answers to these issues and you can explain to residents what our City will look like if this settlement is approved, why it's in the interests of the City to approve it, and when it's anticipated that these expedited projects would come online. Thank you. ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1546 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Rose Shoshana To:councilmtgitems; Gleam Davis; Phil Brock; Oscar de la Torre; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; David White; douglas.sloane@santamonica.gov; David Martin Subject:Re: Oppose Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects for lack of critical information in the staff report and insufficient time for the public to weigh in. Date:Monday, May 8, 2023 1:08:15 PM EXTERNAL Please do not move forward with any settlement with WSC until you have adequate answers to these issues and you can explain to residents what our City will look like if this settlement is approved, why it's in the interests of the City to approve it, and when it's anticipated that these expedited projects would come online. Respectfully, Rose Shoshana, rosegallery Bergamot Station Arts Center -- Rose ShoshanaROSEGALLERYBergamot Station Art Center2525 Michigan Avenue B-7Santa Monica, CA 90404Ph. 310.264.8440rose@rosegallery.netwww.rosegallery.net ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1547 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Callene Momtazee To:Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre Cc:Luthern Williams; Evelyn Hou; Isabel Aranda; Emily Alexander; Jason Parry; councilmtgitems; Susan Cola; David White Subject:Request for Postponement of Item 11c Proposed Settlement with WS Communities Date:Monday, May 8, 2023 11:39:31 AM EXTERNAL Mayor Davis and Councilmembers- I am writing as the a trustee member of the New Roads School’s Board of Trustees regarding the proposed settlement with WS Communities. My son Jack attended New Roads School grades 7-9 until this year. As you may be aware, New Roads serves students grades Kindergarten through 12th. Central to the school’s mission is the idea that diversity and equity in education serve the common good and the full development of each young person’s potential. As part of its pursuit of this principle, the school has invested more than $120 million in financial aid for 40-50% of its student body annually since its founding in 1995, all without an endowment. Last year, 23% of the graduating seniors were the first person in their families to pursue a college degree in the United States. The school’s campus is located at 3131 Olympic Blvd and shares nearly 500 feet of property line with the property at 3030 Nebraska, site of one of the Builders Remedy applications. How this matter is resolved will significantly impact New Roads and the surrounding neighborhood. We request that you postpone consideration of the settlement to allow the school and the entire community sufficient time to fully review the terms, consider the impacts, and potentially propose modifications that protect the health and wellbeing of children in Santa Monica. I am grateful for your attention to the school’s circumstances and our request. I would be happy to address any questions you may have. Sincerely, ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1548 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) Callene Momtazee, Trustee New Roads School Board of Trustees ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1549 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Gerson, Jody To:Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre Cc:lwilliams@newroads.org; evelynlhou@gmail.com; arandam@usc.edu; EAlexander@tafattorneys.com; parryj@gte.net; councilmtgitems; Susan Cola; David White Subject:Request for Postponement of Item 11c Proposed Settlement with WS Communities Date:Monday, May 8, 2023 12:32:48 PM EXTERNAL Mayor Davis and Councilmembers- I am writing you all regarding the proposed settlement with WS Communities. I am the Chairman & CEO of Universal Music Publishing Group, which is headquartered in Santa Monica, a member of the Board of Trustees at New Roads School, and the proud mother to a son, who is a New Roads graduate and a daughter who is a current student there. Both of which, I’ve watched flourish in life from the phenomenal education and experience they’ve had at New Roads. New Roads is located in Santa Monica and shares nearly 500 feet of property line with the property at 3030 Nebraska, which is site of one of the Builders Remedy applications. The school serves students of all ages and backgrounds from kindergarten – 12th grade. Diversity and equity in education are at the core of New Roads mission. As part of its pursuit of this principle, the school has invested more than $120 million in financial aid for nearly half of the student body annually since its founding in 1995, all without an endowment. Last year over 20% of the graduating seniors were the first person in their families to pursue a college degree in the United States. How this matter is resolved will significantly impact New Roads and the surrounding neighborhood. We request that you postpone consideration of the settlement to allow the school and the entire community sufficient time to fully review the terms, consider the impacts, and potentially propose modifications that protect the health and wellbeing of children in Santa Monica. I am grateful for your attention to the school’s circumstances and our request. Sincerely, Jody Gerson Chairman & CEO, Universal Music Publishing Group New Roads School Board of Trustees ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1550 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:alan hoffman To:Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre Cc:Luthern Williams; Evelyn Hou; arandam@usc.edu; EAlexander@tafattorneys.com; parryj@gte.net; councilmtgitems; Susan Cola; David White Subject:Request for Postponement of Item 11c-Proposed Settlement with WS Communities Date:Monday, May 8, 2023 12:04:20 AM EXTERNAL Mayor Davis and Councilmembers: I am writing as the Board Chair-Elect of New Roads School’s Board of Trustees regarding the proposed settlement with WS Communities. As you may be aware, New Roads serves students grades Kindergarten through 12th. Central to the school’s mission is the idea that diversity and equity in education serve the common good and the full development of each young person’s potential. As part of its pursuit of this principle, the school has invested more than $120 million in financial aid for 40-50% of its student body annually since its founding in 1995, all without an endowment. Last year, 23% of the graduating seniors were the first person in their families to pursue a college degree in the United States. The school’s campus is located at 3131 Olympic Blvd and shares nearly 500 feet of property line with the property at 3030 Nebraska, site of one of the Builders Remedy applications. How this matter is resolved will significantly impact New Roads and the surrounding neighborhood. We request that you postpone consideration of the settlement to allow the school and the entire community sufficient time to fully review the terms, consider the impacts, and potentially propose modifications that protect the health and wellbeing of children in Santa Monica. I am grateful for your attention to the school’s circumstances and our request. I would be happy to address any questions you may have. Sincerely, Alan Hoffman Board Chair-Elect New Roads School Board of Trustees ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1551 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Robin Shakeshaft To:Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; Council Mailbox; councilmtgitems Cc:councilmtgitems; David White; Douglas Sloan; David Martin Subject:settlement with WS Communities Date:Monday, May 8, 2023 2:27:43 PM EXTERNAL To: The City Council May 8, 2023 Please do not enter into any settlement with WS Communities until residents of Santa Monica have been given the opportunity to view the proposed settlement and to comment on it. At the present rate of building development, and traffic congestion, Santa Monica is likely to become unlivable in the near future. Robin Shakeshaft 1325 Maple St. Santa Monica 90405. ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1552 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Michele Perrone To:Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; Council Mailbox; Gleam Davis Cc:David White; Douglas Sloan; David Martin; councilmtgitems Subject:Vote NO on Item 11-C May 9th Date:Monday, May 8, 2023 2:07:16 PM EXTERNAL  Dear City Council, I am in agreement with the letter you received from SMLC stating their opposition to staff item 11-C coming up for vote tomorrow, Tuesday May 9, 2023. Their reason being lack of critical information in the staff report and insufficient time for the public to weigh in. Thank you for your consideration. Sincerely, Michele Perrone Ocean Park resident since 1997 ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1553 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Robert To:councilmtgitems Subject:WSC Settlement Date:Monday, May 8, 2023 1:16:27 PM EXTERNAL I am urging you NOT to make this settlement deal. Let's keep Santa Monica livable with adding even more density. Robert Illes 1021 12th St, Santa Monica, CA 90403 ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1554 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Elizabeth Lerer To:Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; Council Mailbox Cc:councilmtgitems; David White; Douglas Sloan; David Martin Subject:Item 11. C. - Please oppose until more is known Date:Tuesday, May 9, 2023 11:52:51 AM EXTERNAL Dear Mayor and City Councilmembers, Please oppose staff administrative item 11. C. Do not hastily settle with a greedy and corrupt developer. Request more information to ensure a wise and thoughtful decision will be the result of any potential settlement. Many are aware that the rules of land use of recent has been and will increasingly be dictated by the state. Good faith local communities such as Santa Monica deserve the right to self determination. City Councilmembers, please do more to honor our unique and blessed location. Please stand with our community to steward our beloved and targeted city and protect us from corrupt and greedy developers. Stop selling the City of Santa Monica short. Finally, PLEASE join efforts to place an initiative on the 2024 ballot that will restore local control of land use. Dear City Council, PLEASE endorse the Our Neighborhood Voices. Santa Monica has and will continue to do more than our share to build housing. Please stop the giveaway to developers. https://ourneighborhoodvoices.com/endorse/ Thank you, Elizabeth Lerer Santa Monica resident ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1555 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) ANGEL LAW 2601 Ocean Park Blvd., Suite 205 Santa Monica, CA 90405-5269 Tel: (310) 314-6433 angellaw.com May 9, 2023 City of Santa Monica Attn: City Council of the City of Santa Monica 1685 Main Street Santa Monica, California 90401 Via Email to gleam.davis@santamonica.gov; phil.brock@santamonica.gov; christine.parra@santamonica.gov; lana.negrete@santamonica.gov; jesse.zwick@santamonica.gov; Caroline.Torosis@santamonica.gov; oscar.delatorre@santamonica.gov; councilmtgitems@santamonica.gov Re: Request to Continue Item 11.C, Consideration of a Settlement Agreement between the City of Santa Monica and WS Communities, LLC and its affiliates Dear Mayor Davis and Councilmembers: Angel Law represents New Roads School (NRS), the immediate neighbor to the east of the project proposed at 3030 Nebraska Avenue (Project). On behalf of NRS, we request that Item 11.C, which wasn’t agendized until May 4, be continued to a later date, first and foremost in order to allow for the timely and full public release of the settlement agreement. Neither NRS nor any other major public stakeholder can comment on an agreement the terms and conditions of which are not made part the agenda packet or the minimum 72-hour advance written Brown Act notice requirement. The staff report for Item 11.C lacks transparency. Most concerning, not only does it not provide the proposed settlement agreement for public review and comment; also, it makes no effort to provide at least a summary description of the alternatives to the builder’s remedy projects agreed with WS Communities. And yet the settlement contemplates that all alternatives but one, including the development adjoining NRS, are to be treated as ministerial projects exempt from further public ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1556 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) City of Santa Monica City Council May 9, 2023 Page 2 review, including review under the California Environmental Quality Act (CEQA). Troubling as the builder’s remedy project proposed for 3030 Nebraska Avenue may be, NRS struggles to find solace in a mysterious, nondescript “new multi-family housing project[] that would qualify for ministerial approval[],” and avoid the need for CEQA compliance under the deal now recommended for the city council’s approval. As shown below in a screenshot taken from the City of Santa Monica’s (City) open data portal, the nondescript new development at 3030 Nebraska Avenue would be located on the site of an abandoned clay mine. A City staff report from February 14, 1995, states: “Clay mining operations since the early 1900’s in the central portion of the City resulted in excavations which were backfilled with uncompacted fills (in some cases utilized as landfill) which may result in differential settlement and hazardous waste and explosive gas hazards.” Given the location of these operations, with a toxic legacy including arsenic and lead, NRS has a compelling interest in protecting the health and safety of its over 500 students, its faculty and its staff, and in assuring that any redevelopment of the 3030 Nebraska Avenue property will not expose student, faculty or staff to any substances buried in the onsite soils hazardous to their health and well-being. Without independent environmental investigations and review involving NRS, we cannot rest assured that redevelopment will not adversely impact our human community. Closed Session and Notice We object to the scheduling of the closed session concerning the very litigation (the City-WS Communities litigation) that the proposed settlement agreement would settle, before agenda item ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1557 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) City of Santa Monica City Council May 9, 2023 Page 3 11.C is heard. As it is presented in the staff report, the litigation settlement agreement paves the road for significant new development throughout the City (albeit less than the builder’s remedy projects) -- 13 individual projects. How can the council separate limited allowable closed session subject matter from required open session subject matter while the closed session on the WS Communities litigation and agenda item 11.C are inextricably related and overlap? In Trancas Property Owners Assn. v. City of Malibu, the Second District Court of Appeal held that Malibu violated the Brown Act when it conferred in closed session with its city attorney on a settlement allowing a developer in pending litigation over a subdivision project to circumvent public hearing requirements of zoning laws. The court emphasized the Brown Act’s unequivocal prohibition against closed sessions, “[e]xcept as expressly authorized” (Gov. Code, § 54962); and the rule that Government Code section 54956.9 (allowing, under specified limitations, for closed council sessions with the city attorney to confer over litigation), like the Brown Act’s other exceptions to its general requirements of local legislative openness, “are to be narrowly construed, having in mind the general spirit of the act (see § 54950). [Fn.]” (Trancas Property Owners Assn. v. City of Malibu (2006) 138 Cal.App.4th 172, 185 (“Trancas”), italics added; accord, Galbiso v. Orosi Public Utility Dist. (2008) 167 Cal.App.4th 1063, 1079-1080.) The open meeting exemption for conferring with counsel over litigation “cannot be construed to empower a city council to take or agree to take, as part of a non-publicly-ratified litigation settlement, action that by substantive law may not be taken without a public hearing and an opportunity for the public to be heard. As a matter of legislative intention and policy, a statute that is part of a law enacted to assure public decisionmaking, except in narrow circumstances, may not be read to authorize circumvention and indeed violation of other laws requiring that decisions be preceded by public hearings, simply because the means and object of the violation are settlement of a lawsuit.” (Trancas, 138 Cal. App. 4th at p. 186.) Again, at the very least, the required public hearing on the proposed settlement agreement must occur before the closed session. But, even so, how can a meaningful public hearing proceed when the agreement at issue hasn’t even been disclosed as part of the agenda item. Why not? The City Council and the public — all affected stakeholders — must have an opportunity to see, review and comment on the terms of the agreement before it is signed and binds the City. A continuance will serve the interests of public accountability with no apparent downside for WS Communities. We haven’t been told why this settlement must be approved today and not a day later. This item should not come back unless the development projects it proposes in lieu of the builder’s remedy projects are publicly disclosed. The one-page attachment to the staff report, listing the addresses of the builder’s remedy projects that WS Communities may now withdraw tells us nothing about the projects to be put forth instead. It is not enough for staff to say density or intensity of uses will be lower, especially when what will be proposed for approval are a dozen ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1558 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) City of Santa Monica City Council May 9, 2023 Page 4 ministerial projects without any public development permit review hearings, thus excluding public participation. Circumvention of CEQA through Expedited Ministerial Approvals The staff report contends that new projects, replacing builder’s remedy projects, would qualify for ministerial review. However, even if an administrative approval is labeled as “ministerial” for the redevelopment of the 3030 Nebraska Avenue property, it would still involve administrative judgment, i.e. discretion in how to handle contaminated soils, and how to lessen impacts to air quality and public health, inter alia. “[A] municipality's classification of a certain approval process as ministerial is not conclusive.” (Friends of Westwood v. City of L.A. (1987) 191 Cal.App.3d 259, 270 (“Friends of Westwood”).) Under the City’s new Housing Element-implementing ordinances, the Planning and Community Development Director (Director) has discretionary authority for modifications and waivers of development standards:  “The Director shall issue an Administrative Approval if the proposed development conforms precisely to applicable development standards, except to the extent modifications or waivers have been granted pursuant to Chapter 9.43, Modifications and Waivers.” (Ordinance 2742, § 9.39.060(B), boldface added.)  Minor Modifications: “…the Director may grant relief from no more than 2 of the following dimensional requirements. ...” (Ordinance 2742, § 9.43.020(B), boldface added.)  Major Modifications: “…the Director may grant relief from no more than 2 of the following requirements. …” (Ordinance 2742, § 9.43.030(B), boldface added.)  Waivers: “…the Director may grant waivers from the following requirements specified in this Ordinance…” (Ordinance 2742, § 9.43.040(B), boldface added.) This language suggests discretionary review to “modify this project in ways which would have mitigated environmental problems an EIR might conceivably have identified.” (Friends of Westwood, 191 Cal. App. 3d at p. 273.) ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1559 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) City of Santa Monica City Council May 9, 2023 Page 5 Circumvention of CEQA Cumulative Impacts Analysis The staff report portrays the proposed settlement agreement as an approval-in-concept and endorsement of a massive overall development project consisting of 13 individual WS Communities projects. This appearance raises concerns over the cumulative impacts of the 13 projects. While we understand that the settlement agreement does not issue individual ministerial permits (not yet), not the least considering the speed with which it is being rushed to the City Council, it certainly puts “ ‘bureaucratic and financial momentum’ ” (Save Tara v. City of West Hollywood (2008) 45 Cal.4th 116, 130) behind otherwise reasonably foreseeable projects. In Arviv Enterprises, Inc. v. South Valley Area Planning Commission, the Second District Court of Appeals warned that “cumulative environmental impacts may be disguised or minimized by [an individual developer’s] filing numerous, serial applications….” (Arviv Enterprises, Inc. v. South Valley Area Planning Com. (2002) 101 Cal. App. 4th 1333, 1346.) In other words, a developer and a lead agency must heed “the mandate of CEQA that environmental considerations do not become submerged by chopping a large project into many little ones -- each with a minimal potential impact on the environment -- which cumulatively may have disastrous consequences.” (Bozung v. Local Agency Formation Com. (1975) 13 Cal. 3d 263, 283-284.) Conclusion To ask for a continuance is not asking for much. We respectfully request that the city council continue the matter so we may explore resolution of the issues of specific concern to NRS. We were given no opportunity to do so. Sincerely, ANGEL LAW Cooper Kass ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1560 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) ANGEL LAW 2601 Ocean Park Blvd., Suite 205 Santa Monica, CA 90405-5269 Tel: (310) 314-6433 angellaw.com May 9, 2023  City of Santa Monica Attn: City Council of the City of Santa Monica 1685 Main Street Santa Monica, California 90401 Via Email to gleam.davis@santamonica.gov;phil.brock@santamonica.gov; christine.parra@santamonica.gov;lana.negrete@santamonica.gov; jesse.zwick@santamonica.gov;Caroline.Torosis@santamonica.gov; oscar.delatorre@santamonica.gov;councilmtgitems@santamonica.gov Re: Request to Continue Item 11.C, Consideration of a Settlement Agreement between the City of Santa Monica and WS Communities, LLC and its affiliates Dear Mayor Davis and Councilmembers: Angel Law represents New Roads School (NRS), the immediate neighbor to the east of the project proposed at 3030 Nebraska Avenue (Project). On behalf of NRS, we request that Item 11.C, which wasn’t agendized until May 4, be continued to a later date, first and foremost in order to allow for the timely and full public release of the settlement agreement. Neither NRS nor any other major public stakeholder can comment on an agreement the terms and conditions of which are not made part the agenda packet or the minimum 72-hour advance written Brown Act notice requirement. The staff report for Item 11.C lacks transparency. Most concerning, not only does it not provide the proposed settlement agreement for public review and comment; also, it makes no effort to provide at least a summary description of the alternatives to the builder’s remedy projects agreed with WS Communities. And yet the settlement contemplates that all alternatives but one, including the development adjoining NRS, are to be treated as ministerial projects exempt from further public ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1561 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) City of Santa Monica City Council May 9, 2023 Page 2   review, including review under the California Environmental Quality Act (CEQA). Troubling as the builder’s remedy project proposed for 3030 Nebraska Avenue may be, NRS struggles to find solace in a mysterious, nondescript “new multi-family housing project[] that would qualify for ministerial approval[],” and avoid the need for CEQA compliance under the deal now recommended for the city council’s approval. As shown below in a screenshot taken from the City of Santa Monica’s (City) open data portal, the nondescript new development at 3030 Nebraska Avenue would be located on the site of an abandoned clay mine. A City staff report from February 14, 1995, states: “Clay mining operations since the early 1900’s in the central portion of the City resulted in excavations which were backfilled with uncompacted fills (in some cases utilized as landfill) which may result in differential settlement and hazardous waste and explosive gas hazards.” Given the location of these operations, with a toxic legacy including arsenic and lead, NRS has a compelling interest in protecting the health and safety of its over 500 students, its faculty and its staff, and in assuring that any redevelopment of the 3030 Nebraska Avenue property will not expose student, faculty or staff to any substances buried in the onsite soils hazardous to their health and well-being. Without independent environmental investigations and review involving NRS, we cannot rest assured that redevelopment will not adversely impact our human community. Closed Session and Notice We object to the scheduling of the closed session concerning the very litigation (the City-WS Communities litigation) that the proposed settlement agreement would settle, before agenda item ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1562 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) City of Santa Monica City Council May 9, 2023 Page 3   11.C is heard. As it is presented in the staff report, the litigation settlement agreement paves the road for significant new development throughout the City (albeit less than the builder’s remedy projects) -- 13 individual projects. How can the council separate limited allowable closed session subject matter from required open session subject matter while the closed session on the WS Communities litigation and agenda item 11.C are inextricably related and overlap? In Trancas Property Owners Assn. v. City of Malibu, the Second District Court of Appeal held that Malibu violated the Brown Act when it conferred in closed session with its city attorney on a settlement allowing a developer in pending litigation over a subdivision project to circumvent public hearing requirements of zoning laws. The court emphasized the Brown Act’s unequivocal prohibition against closed sessions, “[e]xcept as expressly authorized” (Gov. Code, § 54962); and the rule that Government Code section 54956.9 (allowing, under specified limitations, for closed council sessions with the city attorney to confer over litigation), like the Brown Act’s other exceptions to its general requirements of local legislative openness, “are to be narrowly construed, having in mind the general spirit of the act (see § 54950). [Fn.]” (Trancas Property Owners Assn. v. City of Malibu (2006) 138 Cal.App.4th 172, 185 (“Trancas”), italics added; accord, Galbiso v. Orosi Public Utility Dist. (2008) 167 Cal.App.4th 1063, 1079-1080.) The open meeting exemption for conferring with counsel over litigation “cannot be construed to empower a city council to take or agree to take, as part of a non-publicly-ratified litigation settlement, action that by substantive law may not be taken without a public hearing and an opportunity for the public to be heard. As a matter of legislative intention and policy, a statute that is part of a law enacted to assure public decisionmaking, except in narrow circumstances, may not be read to authorize circumvention and indeed violation of other laws requiring that decisions be preceded by public hearings, simply because the means and object of the violation are settlement of a lawsuit.” (Trancas, 138 Cal. App. 4th at p. 186.) Again, at the very least, the required public hearing on the proposed settlement agreement must occur before the closed session. But, even so, how can a meaningful public hearing proceed when the agreement at issue hasn’t even been disclosed as part of the agenda item. Why not? The City Council and the public — all affected stakeholders — must have an opportunity to see, review and comment on the terms of the agreement before it is signed and binds the City. A continuance will serve the interests of public accountability with no apparent downside for WS Communities. We haven’t been told why this settlement must be approved today and not a day later. This item should not come back unless the development projects it proposes in lieu of the builder’s remedy projects are publicly disclosed. The one-page attachment to the staff report, listing the addresses of the builder’s remedy projects that WS Communities may now withdraw tells us nothing about the projects to be put forth instead. It is not enough for staff to say density or intensity of uses will be lower, especially when what will be proposed for approval are a dozen ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1563 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) City of Santa Monica City Council May 9, 2023 Page 4   ministerial projects without any public development permit review hearings, thus excluding public participation. Circumvention of CEQA through Expedited Ministerial Approvals The staff report contends that new projects, replacing builder’s remedy projects, would qualify for ministerial review. However, even if an administrative approval is labeled as “ministerial” for the redevelopment of the 3030 Nebraska Avenue property, it would still involve administrative judgment, i.e. discretion in how to handle contaminated soils, and how to lessen impacts to air quality and public health, inter alia. “[A] municipality's classification of a certain approval process as ministerial is not conclusive.” (Friends of Westwood v. City of L.A. (1987) 191 Cal.App.3d 259, 270 (“Friends of Westwood”).) Under the City’s new Housing Element-implementing ordinances, the Planning and Community Development Director (Director) has discretionary authority for modifications and waivers of development standards: x“The Director shall issue an Administrative Approval if the proposed development conforms precisely to applicable development standards, except to the extent modifications or waivers have been granted pursuant to Chapter 9.43, Modifications and Waivers.” (Ordinance 2742, § 9.39.060(B), boldface added.) xMinor Modifications: “…the Director may grant relief from no more than 2 of the following dimensional requirements. ...” (Ordinance 2742, § 9.43.020(B), boldface added.) xMajor Modifications: “…the Director may grant relief from no more than 2 of the following requirements. …” (Ordinance 2742, § 9.43.030(B), boldface added.) xWaivers: “…the Director may grant waivers from the following requirements specified in this Ordinance…” (Ordinance 2742, § 9.43.040(B), boldface added.) This language suggests discretionary review to “modify this project in ways which would have mitigated environmental problems an EIR might conceivably have identified.” (Friends of Westwood, 191 Cal. App. 3d at p. 273.) ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1564 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) City of Santa Monica City Council May 9, 2023 Page 5   Circumvention of CEQA Cumulative Impacts Analysis The staff report portrays the proposed settlement agreement as an approval-in-concept and endorsement of a massive overall development project consisting of 13 individual WS Communities projects. This appearance raises concerns over the cumulative impacts of the 13 projects. While we understand that the settlement agreement does not issue individual ministerial permits (not yet), not the least considering the speed with which it is being rushed to the City Council, it certainly puts “ ‘bureaucratic and financial momentum’ ” (Save Tara v. City of West Hollywood (2008) 45 Cal.4th 116, 130) behind otherwise reasonably foreseeable projects. In Arviv Enterprises, Inc. v. South Valley Area Planning Commission, the Second District Court of Appeals warned that “cumulative environmental impacts may be disguised or minimized by [an individual developer’s] filing numerous, serial applications….” (Arviv Enterprises, Inc. v. South Valley Area Planning Com. (2002) 101 Cal. App. 4th 1333, 1346.) In other words, a developer and a lead agency must heed “the mandate of CEQA that environmental considerations do not become submerged by chopping a large project into many little ones -- each with a minimal potential impact on the environment -- which cumulatively may have disastrous consequences.” (Bozung v. Local Agency Formation Com. (1975) 13 Cal. 3d 263, 283-284.) Conclusion To ask for a continuance is not asking for much. We respectfully request that the city council continue the matter so we may explore resolution of the issues of specific concern to NRS. We were given no opportunity to do so. Sincerely, ANGEL LAW Cooper Kass ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1565 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:janine autolitano To:Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; Council Mailbox Cc:councilmtgitems; David White; Douglas Sloan; David Martin Subject:Oppose Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects for lack of critical information in the staff report and insufficient time for the public to weigh in. Date:Tuesday, May 9, 2023 11:46:48 AM EXTERNAL So, the city is being held hostage by a developer, while being under thethumb of the state? Rolling over is not an option. Do not give in to a convicted criminal bullying you to ruin the city welove.AND NO off-site options EVER!The proposed settlement with WS Communities (WSC) over 13 of its "builder's remedy"project sites will have a huge impact on Santa Monica and its residents for generations tocome. When the news broke last September that this developer had filed applications for14 projects under a "builder's remedy" statute to construct buildings as high as 20 storiesand over 4000 units citywide there was widespread opposition. Residents urged the city tohire outside counsel and oppose these projects. https://smclc.net/DevIgnoreZoning10-17-22.htmlIn response, the City Attorney retained outside counsel who advised the City Council thatthere were good legal grounds to contest the filings once formal applications were filed,and one of his highest priorities was to keep the Council and the public informed. In spite of this, last Thursday city staff placed a settlement item on the Council agenda fortomorrow’s Council meeting as though it were just a routine item. But this is NOT a one-off settlement between a developer and the City over one site. WSCowns 14 builder's remedy sites throughout the City and this settlement apparently wouldgreenlight the construction of 1000s of housing units. This proposed settlement is essentially a mega-development agreement - the biggest onein the city's history. Given this, there needs to be a high degree of disclosure as to what isbeing built and what the real-life benefits and burdens to the community will be ifimplemented. And there needs to be a more open and transparent process and sufficientnotice than simply adding, almost as an afterthought, an administrative item to an alreadypacked Council agenda. Unfortunately, the staff report recommending settlement is seriously deficient. It omitscritical information that is necessary for the Council and the public to weigh to determine ifthe settlement is in the interests of Santa Monica before approving it. Key deficiencies in the staff report include: 1. Stating that “the housing built by the owners will satisfy a significant portion of theCity’s regional housing needs, as planned in its certified Housing Element” withoutgiving the actual numbers, including the number of affordable housing units; 2. Setting forth significant benefits to WSC in developing these sites, which ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1566 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) include expedited processing, ministerial review (precluding public scrutiny), andwaiver of any environmental review as to adverse impacts which otherwise couldrequire mitigations; 3. Failing to identify any of the corresponding burdens to the City and its residents,including increased City costs and strain on infrastructure if all of these projects comeonline within the next few years; 4. Failing to disclose to the Council or the public what actually will be built on any ofthese sites (the heights and number of units, including affordable units) in comparisonto the builder’s remedy numbers posted on the City’s websiteat https://www.santamonica.gov/builders-remedy; 5. Stating that the 14th WSC project on Euclid (200 units/18-stories) would remain abuilder’s remedy project and be excluded from the settlement without explaining whatthis means (is the City reserving its legal right to disapprove it?); and 6. Failing to provide a copy of any proposed settlement agreement as part of theapproval process (this is, in essence, a development agreement). Absent this critical information the Council should not move forward.It's impossible todetermine what the Council actually would be approving to be built - is it what wasoriginally proposed or is it being modified? If modified, how? And how much affordablehousing will be built under this settlement to satisfy the State's requirement that 2/3s of therequired new housing be affordable? Moreover, it should be relatively easy for the planning staff to update the builder’s remedychart on the City's website as to the proposed settlement with the total height, number ofunits and affordable units for each project so the public is kept informed. When a development agreement as momentous as this one occurs, residents are relyingupon the Council to do the work, to ask the hard questions, and to demand accurate andcomplete information to ascertain whether this settlement is reasonable, and in the City’sbest interest before approving it. This is even more important here, given the well-knownhistory of WSC's predecessor (NMS). Please do not move forward with any settlement with WSC until you have adequateanswers to these issues and you can explain to residents what our City will look like if thissettlement is approved, why it's in the interests of the City to approve it, and when it'santicipated that these expedited projects would come online. ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1567 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Gray Benoist To:Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; Council Mailbox Cc:councilmtgitems; David White; Douglas Sloan; David Martin Subject:Support of SMCLC Letter to the City Council Date:Tuesday, May 9, 2023 10:05:03 AM EXTERNAL Dear City Council, I Oppose Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects for lack of critical information in the staff report and insufficient time for the public to weigh in. I live at 1255 10th St, across the street from the Builders Remedy project planned for 1242 10th St. The impact of this project on the nature and safety of our neighborhood is certain to be drastically negative. The corner of Arizona and 10th St is already treacherous for pedestrians and dog walkers and another 200 or so residents living on the block, will be mind blowingly unhealthy for me and my neighbors. The City Council put us into this situation with their careless approach in the development of a compliant Housing Element and thereby a negotiation with WSC is now, unfortunately for every Santa Monican, required, however I can not allow any such settlement to be determined without public participation and transparency. Sincerely, Gray Benoist 1255 10th St #301 Santa Monica CA ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1568 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Stephen Billington To:councilmtgitems Subject:Tomorrow evening’s meeting Date:Monday, May 8, 2023 9:58:54 PM EXTERNAL Dear City Council, I am a resident of Santa Monica and a teacher at New Roads School on 3131 Olympic Blvd, a close neighbor of the proposed development settlement between the NMS/WS communities. I am writing to ask that you please postpone any decision so that our school has time to more fully understand and assess the implications of the settlement. Thank you, Stephen Billington 1102 Stanford St, Santa Monica, CA 90403 -- Stephen Billington, D.M.A. (he/him) K-12 Music Director Herb Alpert Campus 3131 Olympic Blvd. Santa Monica, CA 90404 (310) 828-5582 ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1569 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Kim Blish-Ewen To:councilmtgitems Subject:Please postpone settlement City vs NMS/WD Date:Tuesday, May 9, 2023 8:25:35 AM EXTERNAL To Whom it May Concern, Hello. I am a Santa Monica native. I grew up here and am now raising my children here. I have 14 year old twins that attend the middle school at New Roads. It is my understanding that a major development project is happening right next door to our charming school. We are sad to see the independently owned businesses we frequent go away, and my husband will be losing his office space that he rents in one of the buildings set to be demolished. While there is nothing we can do to keep the existing establishments in place, we do kindly request that you postpone your decision for the approval of the settlement between the City and NMS/WS Communities. Delaying this decision will give New Roads and the surrounding neighbors time to appropriately assess and prepare for the affect the project will have on the community as far as construction is concerned. I am not alone in wanting what is best for my children and having time to make sure they are safe and secure is very important. I appreciate your consideration. Thank you, V. Kim Blish-Ewen 1450 Harvard St. (310) 386-2957 ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1570 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Nathalie Bouville To:councilmtgitems Subject:NewRoads school versus City Date:Tuesday, May 9, 2023 9:27:58 AM EXTERNAL Hello, On behalf of the New roads school community, i wask you that you please postpone consideration of the settlement. Hoping that you will hear my voice, Best regards, Nathalie Bouville Consultant + 1 (310) 290 0056 https://www.linkedin.com/in/nathaliebouville/ ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1571 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Brianna Tenhouten To:Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; David White; Douglas Sloan; David Martin; COUNCIL@santamonica.gov Cc:councilmtgitems Subject:From: ROSEGALLERY, RE: Oppose Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects for lack of critical information in the staff report and insufficient time for the public to weigh in. Date:Tuesday, May 9, 2023 11:06:46 AM EXTERNAL The proposed settlement with WS Communities (WSC) over 13 of its "builder's remedy" project sites will have a huge impact on Santa Monica and its residents for generations to come. When the news broke last September that this developer had filed applications for 14 projects under a "builder's remedy" statute to construct buildings as high as 20 stories and over 4000 units citywide there was widespread opposition. Residents urged the city to hire outside counsel and oppose these projects. https://smclc.net/DevIgnoreZoning10-17- 22.html In response, the City Attorney retained outside counsel who advised the City Council that there were good legal grounds to contest the filings once formal applications were filed, and one of his highest priorities was to keep the Council and the public informed. In spite of this, last Thursday city staff placed a settlement item on the Council agenda for tomorrow’s Council meeting as though it were just a routine item. But this is NOT a one-off settlement between a developer and the City over one site. WSC owns 14 builder's remedy sites throughout the City and this settlement apparently would greenlight the construction of 1000s of housing units. This proposed settlement is essentially a mega-development agreement - the biggest one in the city's history. Given this, there needs to be a high degree of disclosure as to what is being built and what the real-life benefits and burdens to the community will be if implemented. And there needs to be a more open and transparent process and sufficient notice than simply adding, almost as an afterthought, an administrative item to an already packed Council agenda. It is imperative that residents have concrete information, and understand the repercussions, when it comes to an agreement on this scale. Unfortunately, the staff report recommending settlement is seriously deficient. It omits critical information that is necessary for the Council and the public to weigh to determine if the settlement is in the interests of Santa Monica before approving it. Key deficiencies in the staff report include: ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1572 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) 1. Stating that “the housing built by the owners will satisfy a significant portion of the City’s regional housing needs, as planned in its certified Housing Element” without giving the actual numbers, including the number of affordable housing units; 2. Setting forth significant benefits to WSC in developing these sites, which include expedited processing, ministerial review (precluding public scrutiny), and waiver of any environmental review as to adverse impacts which otherwise could require mitigations; 3. Failing to identify any of the corresponding burdens to the City and its residents, including increased City costs and strain on infrastructure if all of these projects come online within the next few years; 4. Failing to disclose to the Council or the public what actually will be built on any of these sites (the heights and number of units, including affordable units) in comparison to the builder’s remedy numbers posted on the City’s website at https://www.santamonica.gov/builders-remedy; 5. Stating that the 14th WSC project on Euclid (200 units/18-stories) would remain a builder’s remedy project and be excluded from the settlement without explaining what this means (is the City reserving its legal right to disapprove it?); and 6. Failing to provide a copy of any proposed settlement agreement as part of the approval process (this is, in essence, a development agreement). Without this critical information, the Council should not move forward. It's impossible to determine what the Council actually would be approving to be built - is it what was originally proposed or is it being modified? If modified, how? And how much affordable housing will be built under this settlement to satisfy the State's requirement that 2/3s of the required new housing be affordable? Moreover, it should be relatively easy for the planning staff to update the builder’s remedy chart on the City's website as to the proposed settlement with the total height, number of units and affordable units for each project so the public is kept informed. When a development agreement as momentous as this one occurs, residents are relying upon the Council to do the work, to ask the hard questions, and to demand accurate and complete information to ascertain whether this settlement is reasonable, and in the City’s best interest before approving it. This is even more important here, given the well-known history of WSC's predecessor (NMS). ROSEGALLERY is asking that you do not move forward with any settlement with WSC until you have adequate answers to these issues and you can explain to residents what our City will look like if this settlement is approved, why it's in the interests of the City to approve ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1573 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) it, and when it's anticipated that these expedited projects would come online. -- Brianna TenhoutenROSEGALLERY2525 Michigan Avenue B-7Santa Monica, CA 90404Ph. 310.264.8440www.rosegallery.net ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1574 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Jonathan Broida To:councilmtgitems Subject:Proposed Development Adjacent to New Roads School on agenda for 5/9/23 Date:Tuesday, May 9, 2023 8:55:02 AM EXTERNAL To whom it may concern- My name is Jonathan Broida. My family has one child currently at New Roads School in Santa Monica, and in the near future, our younger son will also attend New Roads School. We have become aware of a proposed development project adjacent to the New Roads Campus. From my understanding, this came to be due to extenuating circumstances, but it seems to be on a rather fast-paced schedule. Being that this will have a large impact on the local community, and especially on a large population of children, who will potentially be exposed to all of the dangers and disruptions of construction in such close proximity, we are writing to you today to ask that you consider postponing consideration of this settlement until the community, as well as the school, have a chance to more accurately and completely assess the potential impacts of the settlement. It is my understanding that the school only learned of this agenda item last week, and have not yet had sufficient time to confer with legal counsel and best consider a response. We hope you will consider this request. Please feel free to reach out if you have any questions about more specifically why we are concerned with this project. Sadly, being that I will be at work until well into the evening today, I will not be able to attend this meeting myself. But I believe we will have representatives from the Board of New Roads School there, along with legal council. Kindly, Jonathan Broida Parent of a 3rd Grade Student in Santa Monica ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1575 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Bruce Brown To:Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; Council Mailbox Cc:councilmtgitems; David White; Douglas Sloan; David Martin Subject:From: The Santa Monica Coalition for a Livable City (SMCLC) www.SMCLC.net Date:Monday, May 8, 2023 9:51:52 PM Attachments:PastedGraphic-1.png EXTERNAL Dear City Council, Please read the below letter and note the critical information located in it: Re: Oppose Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects for lack of critical information in the staff report and insufficient time for the public to weigh in. The proposed settlement with WS Communities (WSC) over 13 of its "builder's remedy" project sites will have a huge impact on Santa Monica and its residents for generations to come. When the news broke last September that this developer had filed applications for 14 projects under a "builder's remedy" statute to construct buildings as high as 20 stories and over 4000 units citywide there was widespread opposition. Residents urged the city to hire outside counsel and oppose these projects. https://smclc.net/DevIgnoreZoning10-17- 22.html In response, the City Attorney retained outside counsel who advised the City Council that there were good legal grounds to contest the filings once formal applications were filed, and one of his highest priorities was to keep the Council and the public informed. In spite of this, last Thursday city staff placed a settlement item on the Council agenda for tomorrow’s Council meeting as though it were just a routine item. But this is NOT a one-off settlement between a developer and the City over one site. WSC owns 14 builder's remedy sites throughout the City and this settlement apparently would greenlight the construction of 1000s of housing units. This proposed settlement is essentially a mega-development agreement - the biggest one in the city's history. Given this, there needs to be a high degree of disclosure as to what is being built and what the real-life benefits and burdens to the community will be if implemented. And there needs to be a more open and transparent process and sufficient notice than simply adding, almost as an afterthought, an administrative item to an already packed Council agenda. Unfortunately, the staff report recommending settlement is seriously deficient. It omits critical information that is necessary for the Council and the public to weigh to determine if the settlement is in the interests of Santa Monica before approving it. Key deficiencies in the staff report include: ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1576 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) 1. Stating that “the housing built by the owners will satisfy a significant portion of the City’s regional housing needs, as planned in its certified Housing Element” without giving the actual numbers, including the number of affordable housing units; 2. Setting forth significant benefits to WSC in developing these sites, which include expedited processing, ministerial review (precluding public scrutiny), and waiver of any environmental review as to adverse impacts which otherwise could require mitigations; 3. Failing to identify any of the corresponding burdens to the City and its residents, including increased City costs and strain on infrastructure if all of these projects come online within the next few years; 4. Failing to disclose to the Council or the public what actually will be built on any of these sites (the heights and number of units, including affordable units) in comparison to the builder’s remedy numbers posted on the City’s website at https://www.santamonica.gov/builders-remedy; 5. Stating that the 14th WSC project on Euclid (200 units/18-stories) would remain a builder’s remedy project and be excluded from the settlement without explaining what this means (is the City reserving its legal right to disapprove it?); and 6. Failing to provide a copy of any proposed settlement agreement as part of the approval process (this is, in essence, a development agreement). Absent this critical information the Council should not move forward.It's impossible to determine what the Council actually would be approving to be built - is it what was originally proposed or is it being modified? If modified, how? And how much affordable housing will be built under this settlement to satisfy the State's requirement that 2/3s of the required new housing be affordable? Moreover, it should be relatively easy for the planning staff to update the builder’s remedy chart on the City's website as to the proposed settlement with the total height, number of units and affordable units for each project so the public is kept informed. When a development agreement as momentous as this one occurs, residents are relying upon the Council to do the work, to ask the hard questions, and to demand accurate and complete information to ascertain whether this settlement is reasonable, and in the City’s best interest before approving it. This is even more important here, given the well-known history of WSC's predecessor (NMS). Please do not move forward with any settlement with WSC until you have adequate answers to these issues and you can explain to residents what our City will look like if this settlement is approved, why it's in the interests of the City to approve it, and when it's anticipated that these expedited projects would come online. Thank you. Victor, Diana, Sherrill and Jeff Thank you, Bruce ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1577 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) Bruce F Brown 1333 Pine St. Santa Monica, CA 90405 bbrown@bob-inc.com C/ 310-351-5149 Lic. 523683 ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1578 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:JOHN BUCKINGHAM To:Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; Council Mailbox Cc:councilmtgitems Subject:NO to builders remedy project!!!! Date:Tuesday, May 9, 2023 12:39:32 PM EXTERNAL We are stunned that the city staff chose to put this shady builders remedy item on tonight’s council meeting agenda. Haven’t you realized that residents DO NOT want massive development in our city? It’s time to start listening to what we want and STOP pushing your utopian unworkable ideology down our throats. This builders remedy is a shady unscrupulous way for greedy developers to make millions - on the backs of those here who try to navigate this already overpopulated city. Do you have any details about how this would work? No, you do not. VOTE NO ON THIS BUILDERS REMEDY!!!! Linda and John Buckingham Sent from my iPad ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1579 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Claudia Reisenberger To:councilmtgitems Subject:Agenda Item: Settlement between the City and NMS/WS Communities Date:Tuesday, May 9, 2023 10:10:21 AM EXTERNAL Dear Council Members, As a long time resident and business owner in Santa Monica, I would like to reach out to you and ask that you postpone consideration of the settlement between the City and NWS / WS Communities to a later council meeting date. This settlement will impact the local community, and as such it is important that the community be given information about the potential settlement, and enough time to review what it would ultimately mean for all of us. As an engaged citizen, I feel it is my right and duty to get information so that I have a chance to weigh in with my perspective as the council makes important decisions. Thank you, Claudia Reisenberger claudia reisenberger merge___conceptual design 1618 ocean park blvd santa monica, ca 9o4o5 p 31o 581 5343 c 31o 266 1354 www.mergeconceptualdesign.com ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1580 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Michele Cole To:councilmtgitems Subject:Staff Adminisrative Item 11-C Date:Tuesday, May 9, 2023 10:20:23 AM EXTERNAL I oppose Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects for lack of critical information in the staff report and insufficient time for the public to weigh in. thank you Michele Cole Santa Monica Resident ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1581 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Council Mailbox To:councilmtgitems Subject:Fw: Oppose Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects for lack of critical information in the staff report and insufficient time for the public to weigh in. Date:Tuesday, May 9, 2023 9:05:15 AM From: Don Coscarelli <coscarelli@gmail.com> Sent: Tuesday, May 9, 2023 8:43 AM To: Gleam Davis <Gleam.Davis@santamonica.gov>; Phil Brock <Phil.Brock@santamonica.gov>; Christine Parra <Christine.Parra@santamonica.gov>; Lana Negrete <Lana.Negrete@santamonica.gov>; Jesse Zwick <Jesse.Zwick@santamonica.gov>; Caroline Torosis <Caroline.Torosis@santamonica.gov>; Oscar de la Torre <Oscar.delaTorre@santamonica.gov>; Council Mailbox <Council.Mailbox@santamonica.gov> Subject: Oppose Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects for lack of critical information in the staff report and insufficient time for the public to weigh in. EXTERNAL I'm against this deal and I have been a 32 year resident of Santa Monica. I'm with SMCLC and hope you will read their letter. Please vote against and hold these developers to account. Thank you. Donald Coscarelli The proposed settlement with WS Communities (WSC) over 13 of its "builder's remedy" project sites will have a huge impact on Santa Monica and its residents for generations to come. When the news broke last September that this developer had filed applications for 14 projects under a "builder's remedy" statute to construct buildings as high as 20 stories and over 4000 units citywide there was widespread opposition. Residents urged the city to hire outside counsel and oppose these projects. https://smclc.net/DevIgnoreZoning10-17- 22.html In response, the City Attorney retained outside counsel who advised the City Council that there were good legal grounds to contest the filings once formal applications were filed, and one of his highest priorities was to keep the Council and the public informed. In spite of this, last Thursday city staff placed a settlement item on the Council agenda for tomorrow’s Council meeting as though it were just a routine item. But this is NOT a one-off settlement between a developer and the City over one site. WSC owns 14 builder's remedy sites throughout the City and this settlement apparently would greenlight the construction of 1000s of housing units. This proposed settlement is essentially a mega-development agreement - the biggest one in the city's history. Given this, there needs to be a high degree of disclosure as to what is being built and what the real-life benefits and burdens to the community will be if implemented. And there needs to be a more open ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1582 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) and transparent process and sufficient notice than simply adding, almost as an afterthought, an administrative item to an already packed Council agenda. Unfortunately, the staff report recommending settlement is seriously deficient. It omits critical information that is necessary for the Council and the public to weigh to determine if the settlement is in the interests of Santa Monica before approving it. Key deficiencies in the staff report include: 1. Stating that “the housing built by the owners will satisfy a significant portion of the City’s regional housing needs, as planned in its certified Housing Element” without giving the actual numbers, including the number of affordable housing units; 2. Setting forth significant benefits to WSC in developing these sites, which include expedited processing, ministerial review (precluding public scrutiny), and waiver of any environmental review as to adverse impacts which otherwise could require mitigations; 3. Failing to identify any of the corresponding burdens to the City and its residents, including increased City costs and strain on infrastructure if all of these projects come online within the next few years; 4. Failing to disclose to the Council or the public what actually will be built on any of these sites (the heights and number of units, including affordable units) in comparison to the builder’s remedy numbers posted on the City’s website at https://www.santamonica.gov/builders-remedy; 5. Stating that the 14th WSC project on Euclid (200 units/18-stories) would remain a builder’s remedy project and be excluded from the settlement without explaining what this means (is the City reserving its legal right to disapprove it?); and 6. Failing to provide a copy of any proposed settlement agreement as part of the approval process (this is, in essence, a development agreement). Absent this critical information the Council should not move forward.It's impossible to determine what the Council actually would be approving to be built - is it what was originally proposed or is it being modified? If modified, how? And how much affordable housing will be built under this settlement to satisfy the State's requirement that 2/3s of the required new housing be affordable? Moreover, it should be relatively easy for the planning staff to update the builder’s remedy chart on the City's website as to the proposed settlement with the total height, number of units and affordable units for each project so the public is kept informed. When a development agreement as momentous as this one occurs, residents are relying upon the Council to do the work, to ask the hard questions, and to demand accurate and complete information to ascertain whether this settlement is reasonable, and in the City’s best interest before approving it. This is even more important here, given the well-known history of WSC's predecessor (NMS). Please do not move forward with any settlement with WSC until you have adequate answers to these issues and you can explain to residents what our City will look like if this settlement is approved, why it's in the interests of the ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1583 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) City to approve it, and when it's anticipated that these expedited projects would come online. ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1584 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Collette Ehrich To:Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; Council Mailbox Cc:councilmtgitems Subject:Objection to Builders Remedy Projects Date:Tuesday, May 9, 2023 10:27:16 AM EXTERNAL I am adamantly against allowing the builder's remedy project sites. Allowing projects that can have such a negative impact on Santa Monica residents is unacceptable, Before any settlements are reached the Santa Monica community should be made aware of what will be allowed to be built in our City. I live on a quiet residential street in mid-city. One of these projects will be acccross the street from my building. We are a street of no more than 3 stories and the notice on this site states we will be getting a 20 story building of 400 units. I cannot imagine this being allowed. I would think the environmental impact of such a project would be detrimental. 400 units means more than 400 people on one small site. Additionally despite Santa Monica being a walking city most people need cars and most couples and families own more than one car. Adding that many cars to one residential block will negatively affect parking and traffic and would also necesitate traffic and additional infrastructure such as traffic lights which currently do not exist. Additionally the cross street has a bike lane and is used as a safe area for bikers. Adding over 400 commuters will negatively affect this bike thoroughfare. Do what you have to do to fight this atrocity and keep Santa Monica safe for its residents. Collette Ehrich 1255 10th Street Resident and Santa Monica voter ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1585 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Neda Farahvash To:councilmtgitems Subject:postpone consideration of the settlement. Date:Tuesday, May 9, 2023 10:46:45 AM EXTERNAL Dear City Council of Santa Monica, I am a parent of a 2nd and 6th graders at the New Roads School. My children have been at this school since Kindergarten. I recently learned that the SM City Council plans to discuss approving a settlement with NMS/WS Communities at this evening's Council meeting. This is an important decision that will have long lasting ramifications for our community. There has not been sufficient time granted for members of the community and affected businesses, schools, and service organizations to fully consider the impacts and provide thoughtful , constructive feedback on the matter. As such, I’d encourage the council to postpone any decision until all constituents have time to evaluate and respond. Sincerely Neda -- Neda Farahvash Labyrinth Design studio Tel: (818) 274 4456 ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1586 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:George Ferrell To:Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; Council Mailbox Cc:councilmtgitems; David White; Douglas Sloan; David Martin Subject:Oppose Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects Date:Tuesday, May 9, 2023 11:10:30 AM EXTERNAL Dear Council Members:We oppose the staff's recommended settlement concerning the builder'sremedy projects. The terms of the settlement are not clear, and there hasbeen insufficient time to study the report. We urge you to reject therecommendation from the staff.Peggy and George Ferrell338 15th Street ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1587 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Alexa Fischer To:councilmtgitems Subject:Request to postpone consideration of the settlement next to New Roads School Date:Tuesday, May 9, 2023 8:51:02 AM EXTERNAL Dear Council Members, It has been brought to my attention that an agenda item relating to the proposed settlement between the City and NMS/WS Communities will be discussed at tonight's meeting. I am urgently requesting that you postpone this agenda item to give the New Roads community ample time to review the details of the proposed settlement and the impact that it has on the adjacent New Roads School community. As a Santa Monica resident and business owner for the last twenty years, as well as a parent of two children at New Roads, I have witnessed the explosive growth of our city. It is with great concern that I see yet another development proposal, next to a school no less, without a detailed consideration for the negative impact it would have (health, noise, etc) on the adjacent school body. Please POSTPONE the consideration of the settlement until our community can have adequate time to convene and review its contents. I will be attending tonight's meeting. Thank you for your consideration, Alexa Fischer Alexa Fischer, Creator + CEO write: alexa@wishbeads.com connect: @Wishbeads.official manifest: wishbeads.com NEW free training course: alexafischer.com ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1588 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Mark Franks To:councilmtgitems Subject:Settlement between Santa Monica and NMS/WS Communties Date:Tuesday, May 9, 2023 9:42:30 AM EXTERNAL Dear Council, As a former resident of Santa Monica, current resident of Los Angeles, and current faculty member of New Roads School, I ask that you postpone consideration of the settlement between the city and the NMS/WS Communities. I understand part of this development regards the property next to New Roads campus. Thank you for considering. Mark Franks ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1589 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Council Mailbox To:councilmtgitems Subject:Fw: Staff Administrative Item 11-C Date:Tuesday, May 9, 2023 10:11:01 AM From: Faustino Garza <Faustino_Garza@msn.com> Sent: Tuesday, May 9, 2023 10:06 AM To: Council Mailbox <Council.Mailbox@santamonica.gov> Subject: Staff Administrative Item 11-C EXTERNAL I hereby voice my objection to staff's proposal to settle 13 WSC Builder's Remedy Projects due to insufficient information in the staff report and insufficient time to poll residents' opinions. These projects are out of scale and do not comply with our city's building standards. Furthermore, they will have a highly negative impact on traffic, infrastructure and the quality of living of residents that already live here. I strongly oppose these projects and urge City Council to find ways to stop them from going forward. Faustino Garza Santa Monica Homeowner and Resident of 35 years Ocean Park ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1590 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Gemma Corfield To:Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; Council Mailbox Cc:councilmtgitems; David White; Douglas Sloan; David Martin Subject:Oppose Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects for lack of critical information in the staff report and insufficient time for the public to weigh in. Date:Tuesday, May 9, 2023 6:28:37 AM EXTERNAL The proposed settlement with WS Communities (WSC) over 13 of its "builder's remedy" project sites will have a huge impact on Santa Monica and its residents for generations to come. When the news broke last September that this developer had filed applications for 14 projects under a "builder's remedy" statute to construct buildings as high as 20 stories and over 4000 units citywide there was widespread opposition. Residents urged the city to hire outside counsel and oppose these projects. https://smclc.net/DevIgnoreZoning10-17-22.html In response, the City Attorney retained outside counsel who advised the City Council that there were good legal grounds to contest the filings once formal applications were filed, and one of his highest priorities was to keep the Council and the public informed. In spite of this, last Thursday city staff placed a settlement item on the Council agenda for tomorrow’s Council meeting as though it were just a routine item. But this is NOT a one-off settlement between a developer and the City over one site. WSC owns 14 builder's remedy sites throughout the City and this settlement apparently would greenlight the construction of 1000s of housing units. This proposed settlement is essentially a mega-development agreement - the biggest one in the city's history. Given this, there needs to be a high degree of disclosure as to what is being built and what the real-life benefits and burdens to the community will be if implemented. And there needs to be a more open and transparent process and sufficient notice than simply adding, almost as an afterthought, an administrative item to an already packed Council agenda. Unfortunately, the staff report recommending settlement is seriously deficient. It omits critical information that is necessary for the Council and the public to weigh to determine if the settlement is in the interests of Santa Monica before approving it. Key deficiencies in the staff report include: 1. Stating that “the housing built by the owners will satisfy a significant portion of the City’s regional housing needs, as planned in its certified Housing Element” without giving the actual numbers, including the number of affordable housing units; 2. Setting forth significant benefits to WSC in developing these sites, which include expedited processing, ministerial review (precluding public scrutiny), and waiver of any environmental review as to adverse impacts which otherwise could require mitigations; 3. Failing to identify any of the corresponding burdens to the City and its residents, including increased City costs and strain on infrastructure if all of these projects come online within the next few years; 4. Failing to disclose to the Council or the public what actually will be built on any of these sites (the heights and number of units, including affordable units) in comparison to the builder’s remedy numbers posted on the City’s website at https://www.santamonica.gov/builders-remedy; 5. Stating that the 14th WSC project on Euclid (200 units/18-stories) would remain a builder’s remedy project and be excluded from the settlement without explaining what this means (is the City reserving its legal right to disapprove it?); and 6. Failing to provide a copy of any proposed settlement agreement as part of the approval process (this is, in essence, a development agreement). Absent this critical information the Council should not move forward. It's impossible to determine what the Council actually would be approving to be built - is it what was originally proposed or is it being modified? If modified, how? And how much affordable housing will be built under this settlement to satisfy the State's requirement that 2/3s of the required new housing be affordable? Moreover, it should be relatively easy for the planning staff to update the builder’s remedy chart on the City's website as to the proposed settlement with the total height, number of units and affordable units for each project so the public is kept informed. When a development agreement as momentous as this one occurs, residents are relying upon the Council to do the work, to ask the hard questions, and to demand accurate and complete information to ascertain whether this settlement is reasonable, and in the City’s best interest before approving it. This is even more important here, given the well-known history of WSC's predecessor (NMS). Please do not move forward with any settlement with WSC until you have adequate answers to these issues and you can explain to residents what our City will look like if this settlement is approved, why it's in the interests of the City to approve it, and when it's anticipated that these expedited projects would come online. Thank you. gemma corfield ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1591 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:jim gerstley To:Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; Council Mailbox Cc:councilmtgitems; David White; Douglas Sloan; David Martin Subject:May 9 Council item 11-C WSC Remedy Projects Settlement Date:Tuesday, May 9, 2023 11:54:14 AM EXTERNAL Please oppose the staff recommendation for settlement of 13 WSC Remedy Projects. I agree with SMCLC. The proposed settlement with WS Communities (WSC) over 13 of its "builder's remedy" project sites will have a huge impact on Santa Monica and its residents for generations to come. the City Attorney retained outside counsel who advised the City Council that there were good legal grounds to contest the filings once formal applications were filed, and one of his highest priorities was to keep the Council and the public informed. In spite of this, last Thursday city staff placed a settlement item on the Council agenda for tomorrow’s Council meeting as though it were just a routine item. But this is NOT a one-off settlement between a developer and the City over one site. WSC owns 14 builder's remedy sites throughout the City and this settlement apparently would greenlight the construction of 1000s of housing units. This proposed settlement is essentially a mega-development agreement - the biggest one in the city's history. Given this, there needs to be a high degree of disclosure as to what is being built and what the real-life benefits and burdens to the community will be if implemented. And there needs to be a more open and transparent process and sufficient notice than simply adding, almost as an afterthought, an administrative item to an already packed Council agenda. Unfortunately, the staff report recommending settlement is seriously deficient. Key deficiencies in the staff report include: 1. Stating that “the housing built by the owners will satisfy a significant portion of the City’s regional housing needs, as planned in its certified Housing Element” without giving the actual numbers, including the number of affordable housing units; 2. Setting forth significant benefits to WSC in developing these sites, which include expedited processing, ministerial review (precluding public scrutiny), and waiver of any environmental review as to adverse impacts which otherwise could require mitigations; 3. Failing to identify any of the corresponding burdens to the City and its residents, including increased City costs and strain on infrastructure if all of these projects come online within the next few years; 4. Failing to disclose to the Council or the public what actually will be built on any of these sites (the heights and number of units, including affordable units) in comparison to the builder’s remedy numbers posted on the City’s website at https://www.santamonica.gov/builders-remedy; 5. Stating that the 14th WSC project on Euclid (200 units/18-stories) would remain a builder’s remedy project and be excluded from the settlement ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1592 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) without explaining what this means (is the City reserving its legal right to disapprove it?); and 6. Failing to provide a copy of any proposed settlement agreement as part of the approval process (this is, in essence, a development agreement). Absent this critical information the Council should not move forward.It's impossible to determine what the Council actually would be approving to be built - is it what was originally proposed or is it being modified? If modified, how? And how much affordable housing will be built under this settlement to satisfy the State's requirement that 2/3s of the required new housing be affordable? Moreover, it should be relatively easy for the planning staff to update the builder’s remedy chart on the City's website as to the proposed settlement with the total height, number of units and affordable units for each project so the public is kept informed. When a development agreement as momentous as this one occurs, residents are relying upon the Council to do the work, to ask the hard questions, and to demand accurate and complete information to ascertain whether this settlement is reasonable, and in the City’s best interest before approving it. This is even more important here, given the well-known history of WSC's predecessor (NMS). Please do not move forward with any settlement with WSC until you have adequate answers to these issues and you can explain to residents what our City will look like if this settlement is approved, why it's in the interests of the City to approve it, and when it's anticipated that these expedited projects would come online. Thank you James Gerstley Santa Monica 90403 ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1593 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:les gibbs To:councilmtgitems Subject:Stop the Builders Remedy Date:Tuesday, May 9, 2023 8:57:01 AM EXTERNAL ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1594 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Council Mailbox To:councilmtgitems Subject:Fw: I have serious concerns about future large building projects in Santa Monica destroying our quality of life and the city personality Date:Tuesday, May 9, 2023 9:06:11 AM From: Ed Hallen <eh2012@icloud.com> Sent: Tuesday, May 9, 2023 8:51 AM To: Gleam Davis <Gleam.Davis@santamonica.gov>; Phil Brock <Phil.Brock@santamonica.gov>; Christine Parra <Christine.Parra@santamonica.gov>; Lana Negrete <Lana.Negrete@santamonica.gov>; Jesse Zwick <Jesse.Zwick@santamonica.gov>; Caroline Torosis <Caroline.Torosis@santamonica.gov>; Oscar de la Torre <Oscar.delaTorre@santamonica.gov>; Council Mailbox <Council.Mailbox@santamonica.gov>; David White <David.White@santamonica.gov>; Douglas Sloan <Douglas.Sloan@santamonica.gov>; David Martin <David.Martin@santamonica.gov> Cc: cityclerkcouncilmtgitems@santamonica.gov <cityclerkcouncilmtgitems@santamonica.gov> Subject: I have serious concerns about future large building projects in Santa Monica destroying our quality of life and the city personality EXTERNAL  From: The Santa Monica Coalition for a Livable City (SMCLC) www.SMCLC.net Re: Oppose Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects for lack of critical information in the staff report and insufficient time for the public to weigh in. The proposed settlement with WS Communities (WSC) over 13 of its "builder's remedy" project sites will have a huge impact on Santa Monica and its residents for generations to come. When the news broke last September that this developer had filed applications for 14 projects under a "builder's remedy" statute to construct buildings as high as 20 stories and over 4000 units citywide there was widespread opposition. Residents urged the city to hire outside counsel and oppose these projects. https://smclc.net/DevIgnoreZoning10-17-22.html In response, the City Attorney retained outside counsel who advised the City Council that there were good legal grounds to contest the filings once formal applications were filed, and one of his highest priorities was to keep the Council and the public informed. In spite of this, last Thursday city staff placed a settlement item on the Council agenda for tomorrow’s Council meeting as though it were just a routine item. But this is NOT a one-off settlement between a developer and the City over one site. WSC owns 14 builder's remedy sites throughout the City and this settlement apparently would greenlight the construction of 1000s of housing units. This proposed settlement is essentially a mega-development agreement - the biggest one in the city's history. Given this, there needs to be a high degree of disclosure as to what is being built and what the real-life benefits and burdens to the community will be if implemented. And there needs to be a more open and transparent process and sufficient notice than simply adding, almost as an afterthought, an administrative item to an already packed Council agenda. ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1595 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) Unfortunately, the staff report recommending settlement is seriously deficient. It omits critical information that is necessary for the Council and the public to weigh to determine if the settlement is in the interests of Santa Monica before approving it. Key deficiencies in the staff report include: 1. Stating that “the housing built by the owners will satisfy a significant portion of the City’s regional housing needs, as planned in its certified Housing Element” without giving the actual numbers, including the number of affordable housing units; 2. Setting forth significant benefits to WSC in developing these sites, which include expedited processing, ministerial review (precluding public scrutiny), and waiver of any environmental review as to adverse impacts which otherwise could require mitigations; 3. Failing to identify any of the corresponding burdens to the City and its residents, including increased City costs and strain on infrastructure if all of these projects come online within the next few years; 4. Failing to disclose to the Council or the public what actually will be built on any of these sites (the heights and number of units, including affordable units) in comparison to the builder’s remedy numbers posted on the City’s website at https://www.santamonica.gov/builders-remedy; 5. Stating that the 14th WSC project on Euclid (200 units/18-stories) would remain a builder’s remedy project and be excluded from the settlement without explaining what this means (is the City reserving its legal right to disapprove it?); and 6. Failing to provide a copy of any proposed settlement agreement as part of the approval process (this is, in essence, a development agreement). Absent this critical information the Council should not move forward.It's impossible to determine what the Council actually would be approving to be built - is it what was originally proposed or is it being modified? If modified, how? And how much affordable housing will be built under this settlement to satisfy the State's requirement that 2/3s of the required new housing be affordable? Moreover, it should be relatively easy for the planning staff to update the builder’s remedy chart on the City's website as to the proposed settlement with the total height, number of units and affordable units for each project so the public is kept informed. When a development agreement as momentous as this one occurs, residents are relying upon the Council to do the work, to ask the hard questions, and to demand accurate and complete information to ascertain whether this settlement is reasonable, and in the City’s best interest before approving it. This is even more important here, given the well-known history of WSC's predecessor (NMS). Please do not move forward with any settlement with WSC until you have adequate answers to these issues and you can explain to residents what our City will look like if this settlement is approved, why it's in the interests of the City to approve it, and when it's anticipated that these expedited projects would come online. Thank you. Ed Hallen 1231 9th Street Santa Monica Sent from my iPhone ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1596 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:keyh1@yahoo.com To:Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; Council Mailbox Cc:councilmtgitems Subject:Oppose Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects for lack of critical information in the staff report and insufficient time for the public to weigh in Date:Tuesday, May 9, 2023 11:43:59 AM EXTERNAL To the Santa Monica City Council, I opposed the settlement of the WSC builder's remedy project as it currently stands due to a lack of information (it's not clear what is approved and/or will be approved) and a lack of time for the public to weigh in. As illustrated by SMCLC, some of the key missing information is: 1. Stating that “the housing built by the owners will satisfy a significant portion of the City’s regional housing needs, as planned in its certified Housing Element” without giving the actual numbers, including the number of affordable housing units; 2. Setting forth significant benefits to WSC in developing these sites, which include expedited processing, ministerial review (precluding public scrutiny), and waiver of any environmental review as to adverse impacts which otherwise could require mitigations; 3. Failing to identify any of the corresponding burdens to the City and its residents, including increased City costs and strain on infrastructure if all of these projects come online within the next few years; 4. Failing to disclose to the Council or the public what actually will be built on any of these sites (the heights and number of units, including affordable units) in comparison to the builder’s remedy numbers posted on the City’s website at https://www.santamonica.gov/builders-remedy; 5. Stating that the 14th WSC project on Euclid (200 units/18-stories) would remain a builder’s remedy project and be excluded from the settlement without explaining what this means (is the City reserving its legal right to disapprove it?); and 6. Failing to provide a copy of any proposed settlement agreement as part of the approval process (this is, in essence, a development agreement). Thus, the current proposed settlement does not say what would be built under the agreement and does not say how it differs from the original proposal. Additionally, this proposal was placed on the city council agenda just last Thursday. Less than a week is not enough time for the public to weigh in. As such, I urge you to reject Item 11-C to settle the 13 WSC builder’s remedy projects as it currently stands. There is simply not enough information about what will be built, how it will be built, how it will impact the city, and not enough time for the public to weigh in. Best, Kelly ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1597 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Jeff Kitchen To:councilmtgitems Subject:Please postpone settlement of development next to New Roads School Date:Monday, May 8, 2023 9:31:08 PM EXTERNAL Dear Santa Monica Council, As a longtime resident of Santa Monica I want to ask that the council postpone settlement of the development being considered adjacent to New Roads School so that all the potential impacts can be properly studied and considered. Thank you, Jeff Kitchen ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1598 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Nikki Kolhoff To:Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; Council Mailbox Cc:councilmtgitems; David White; Douglas Sloan; David Martin Subject:Oppose Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects for lack of critical information in the staff report and insufficient time for the public to weigh in. Date:Tuesday, May 9, 2023 11:14:57 AM EXTERNAL Dear City Council - I agree with the email below from SMCLC and urge you to reject a settlement regarding WSC's builder's remedy projects. Regards, Nikki Kolhoff Santa Monica Resident May 8, 2023 To: The CityCouncil gleam.davis@santamonica.gov, phil.brock@santamonica.gov, christine.parra@santamonica.gov, lana.negrete@santamonica.gov, jesse.zwick@santamonica.gov, caroline.torosis@santamonica.gov, oscar.delatorre@santamonica.gov, council@smgov.net CC: City Clerk councilmtgitems@santamonica.gov, david.white@santamonica.gov, douglas.sloan@santamonica.gov, david.martin@santamonica.gov From: The Santa Monica Coalition for a Livable City (SMCLC) www.SMCLC.net Re: Oppose Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects for lack of critical information in the staff report and insufficient time for the public to weigh in. The proposed settlement with WS Communities (WSC) over 13 of its "builder's remedy" project sites will have a huge impact on Santa Monica and its residents for generations to come. When the news broke last September that this developer had filedapplications for 14 projects under a "builder's remedy" statute to construct buildings as high as 20 stories and over 4000 units citywide there was widespread opposition. Residents urged the city to hire outside counsel and oppose these projects. https://smclc.net/DevIgnoreZoning10-17-22.html In response, the City Attorney retained outside counsel who advised the City Council that there were good legal grounds to contest the filings once formal applications were filed, and one of his highest priorities was to keep the Council and the publicinformed. In spite of this, last Thursday city staff placed a settlement item on the Council agenda for tomorrow’s Council meeting as though it were just a routine item. But this is NOT a one-off settlement between a developer and the City over one site. WSC owns 14 builder's remedy sites throughout the City and this settlement apparently would greenlight the construction of 1000s of housing units. This proposed settlement is essentially a mega-development agreement - the biggest one in the city's history. Given this, there needs to be a high degree of disclosure as to what is being built and what the real-life benefits and burdens to the communitywill be if implemented. And there needs to be a more open and transparent process and sufficient notice than simply adding, almost as an afterthought, an administrative item to an already packed Council agenda. Unfortunately, the staff report recommending settlement is seriously deficient. It omits critical information that is necessary for the Council and the public to weigh to determine if the settlement is in the interests of Santa Monica before approving it. Key deficiencies in the staff report include: 1. Stating that “the housing built by the owners will satisfy a significant portion of the City’s regional housing needs, as planned in its certified Housing Element” without giving the actual numbers, including the number of affordable housing units; 2. Setting forth significant benefits to WSC in developing these sites, which include expedited processing, ministerial review (precluding public scrutiny), and waiver of any environmental review as to adverse impacts which otherwise could require mitigations; 3. Failing to identify any of the corresponding burdens to the City and its residents, including increased City costs and strain on infrastructure if all of these projects come online within the next few years; 4. Failing to disclose to the Council or the public what actually will be built on any of these sites (the heights and number of units, including affordable units) in comparison to the builder’s remedy numbers posted on the City’s website at https://www.santamonica.gov/builders-remedy; 5. Stating that the 14th WSC project on Euclid (200 units/18-stories) would remain a builder’s remedy project and be excluded from the settlement without explaining what this means (is the City reserving its legal right to disapprove it?); and 6. Failing to provide a copy of any proposed settlement agreement as part of the approval process (this is, in essence, a development agreement). Absent this critical information the Council should not move forward. It's impossible to determine what the Council actually would be approving to be built - is it what was originally proposed or is it being modified? If modified, how? And how much affordable housing will be built under this settlement to satisfy the State's requirement that 2/3s of the required new housing be affordable? Moreover, it should be relatively easy for the planning staff to update the builder’s remedy chart on the City's website as to the proposed settlement with the total height, number of units and affordable units for each project so the public is kept informed. When a development agreement as momentous as this one occurs, residents are relying upon the Council to do the work, to ask the hard questions, and to demand accurate and complete information to ascertain whether this settlement is reasonable, andin the City’s best interest before approving it. This is even more important here, given the well-known history of WSC's predecessor (NMS). Please do not move forward with any settlement with WSC until you have adequate answers to these issues and you can explain to residents what our City will look like if this settlement is approved, why it's in the interests of the City to approve it, and when it's anticipated that these expedited projects would come online. Thank you. Victor, Diana, Sherrill and Jeff ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1599 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Brian Lasky To:Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; Council Mailbox Cc:councilmtgitems Subject:Re: Oppose Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects for lack of critical information in the staff report and insufficient time for the public to weigh in. Date:Monday, May 8, 2023 10:25:44 PM EXTERNAL Dear City Council - In addition to what others have said I am writing to oppose a settlement agreement with the WSC builders. If what I hear it true, then why would you enter into an agreement without defined goals and guidelines. To think they will in good faith do what is best for the City is just foolishness. Time and time again, developers have taken advantage of City Hall and exercise loopholes to get what they want. I am not opposed to all settlement agreements, and i do think it is a good idea, but define the parameters and criteria first. Otherwise we are just giving them a blank check and continue to be taken advantage of by developers. Ask yourself, would you ever have a contractor work on your house on a major project without knowing the full scale of work and cost estimate. The same should be true here. Thank you for your time. Brian Lasky ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1600 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Rodney Liber To:councilmtgitems Cc:Phil Brock Subject:Oppose Staff Administrative Item 11-C / Settlement Date:Tuesday, May 9, 2023 9:35:51 AM EXTERNAL Santa Monica City Council: Transparency and proper consideration is essential in decisions that will impact our city for decades. Please postpone any decision on new epic sized developments until all the avenues forward have been sufficiently reviewed. Thank you. Rodney Liber Commercial Property Owner Santa Monica, CA Rodney Liber | SantaMonicaCreative | 310.567.1000 | rodneyliber@gmail.com This email and files transmitted with it are confidential. If you have received this message in error, please notify the sender immediately, and delete this email from your system. ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1601 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Ellen Mark To:Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; councilmtgitems Cc:David White; Douglas Sloan; David Martin Subject:Oppose Staff Administrative Item 11-C to settle WSC builder"s remedy projects for lack of critical information in the staff report and insufficient time for the public to weigh Date:Tuesday, May 9, 2023 12:27:09 PM EXTERNAL Dear Coucilmembers, I OPPOSE STAFF ADMINISTRATIVE ITEM 11-C (WSC "builder's remedy") without further disclosure of what would be built under this agreement. Residents want to understand, and want the Council to understand, what the ramifications are BEFORE approving anything related to this settlement. Sincerely, Ellen Mark Sunset Park resident ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1602 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Brandon Marlowe To:Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre Cc:Council Mailbox; councilmtgitems; David White; Douglas Sloan; David Martin; Ross Furukawa; Santa Monica Coalition for a Livable City Subject:Builder"s Remedy Settlement = NO Date:Tuesday, May 9, 2023 10:13:00 AM EXTERNAL Hello All and Good Morning; It appears to this 30-year resident that the proposed Builder’s Remedy settlement reeks of laziness, incompetence, deceit and corruption. You choked on the Housing Element, allowing this mess to begin with. You now seek to sweep your failure under the rug while further burnishing your credentials with the masters you really serve – the developers. At the expense of, as usual, the people who live here. Since you don’t seem to care to understand I will explain it to you; There should be a separate commission to figure this mess out. What if any elements of the builder’s remedy projects should be included in the Housing Element compliance and what does that overall plan look like. And for God’s sake how will you police / ensure that the affordable portion actually occurs. And is it enough?!?! For those who are new to the party there was a DECADE in Santa Monica where none of the approved affordable housing actually happened because (in the words of a former Mayor) “we didn’t have a mechanism for it”. How cowardly. How incompetent. How sickening. Is there an adult in the room? Anybody? Bueller? Brandon Marlowe Ocean Park ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1603 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Marwa Bernstein To:councilmtgitems Subject:Letter in support of postponing the NMS settlement Date:Tuesday, May 9, 2023 10:41:27 AM EXTERNAL Hello, I recently learned that the SM City Council plans to discuss approving a settlement with NMS/WS Communities at this evenings Council meeting. This is an important decision that will have long lasting ramifications for our community. There has not been sufficient time granted for members of the community and affected businesses, schools, and service organizations to fully consider the impacts and provide thoughtful , constructive feedback on the matter. As such, I am asking the council to postpone any decision until all constituents have time to evaluate and respond. Marwa Bernstein Co head of the Parent Village of New Roads School msbernst@yahoo.com 646.382.7454 www.marwabernstein.com ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1604 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Prashant Mehrotra To:councilmtgitems Cc:Prashant Mehrotra; Gauri Kolhatkar Subject:NMS/WS settlement Date:Tuesday, May 9, 2023 9:03:40 AM EXTERNAL To whom it may concern, we are writing to you as both a resident of the city of Santa Monica (and in the case of prashant, also working in Santa Monica) regarding the settlement btw the City of Santa Monica and NMS/WS that include new property developments in the Santa Monica neighborhood by Nebraska Avenue and Centinela Avenue. We are writing to express concern around the impact to the nearby buildings, including the future development of the property next to the New Roads School campus and suggest that it would be beneficial to postpone the consideration of the settlement and delay the discussion until all interested parties have had more time to understand the potential impact of the development on the adjacent properties. Best regards, Prashant Mehrotra & Gauri Kolhatkar 2612 Washington Avenue Santa Monica, CA 90403 ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1605 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Nicola Meyer To:councilmtgitems Subject:Please postpone consideration of the settlement Date:Monday, May 8, 2023 10:04:52 PM EXTERNAL Dear City Council, I am a 45 year resident of Santa Monica with a 24 year career as a teacher in Santa Monica. I teach at Carlthorp School and have a middle school child at New Roads. I have a vested interest in the keeping Santa Monica the lovely town it always has been. I am requesting that you please postpone consideration of the settlement. New Roads is a phenomenal school and the children who go there are quite literally the future of Santa Monica. Please let them know that you care about their well-being and respect the needs of children and the school over developers who prioritize money over community. Respectfully, Nicky Meyer ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1606 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Hope Mineo To:councilmtgitems Subject:Santa Monica City Council Meeting tonight Date:Tuesday, May 9, 2023 1:36:46 PM Importance:High EXTERNAL To the Santa Monica City Council, This email is about the Santa Monica City Council meeting tonight and consideration of approval of a settlement between the City and NMS/WS Communities. Part of the proposed settlement is the development of a property next to New Roads School. Until we know how New Roads will be impacted by the development next door we agree with the New Roads Board of Trustees request that the City Council postpone its consideration of the settlement. The school and the broader community need sufficient time to assess the potential impacts of the settlement. Please give us this time and do not approve the settlement tonight, Thank you, 1112 Montana Ave Santa Monica, 90403 Hope Mineo (she/her) 310-480-0707 Women Rise in a World That Listens Co-founder/coCEO - script.kitchen www.script.kitchen Executive Director - Motion Picture Industry Institute (MPii) www.mpii.org ED/Founder - 2000Dames www.2000dames.net LinkedIn - https://www.linkedin.com/in/hope-mineo-34aa525a/ Twitter - https://twitter.com/hopemineo?lang=en Instagram - https://www.instagram.com/hopemineo/ ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1607 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Nancy To:Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; Council Mailbox Cc:councilmtgitems Subject:Oppose City Council Item 11-C 5/9/23 Date:Tuesday, May 9, 2023 11:22:45 AM EXTERNAL Dear Council Members, We oppose settling with WSC without full disclosure and review of what will actually be built and the impacts to city infrastructure and its residents. Wes & Nancy Hicks Santa Monica residents ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1608 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Neda Farahvash To:councilmtgitems Subject:Postpone consideration of the settlement of NMS Development adjacent to New Roads Schoo Date:Tuesday, May 9, 2023 10:51:00 AM EXTERNAL Dear City Council of Santa Monica, I am a parent of a 2nd and 6th graders at the New Roads School. My children have been at this school since Kindergarten. I recently learned that the SM City Council plans to discuss approving a settlement with NMS/WS Communities at this evening's Council meeting. This is an important decision that will have long lasting ramifications for our community. There has not been sufficient time granted for members of the community and affected businesses, schools, and service organizations to fully consider the impacts and provide thoughtful , constructive feedback on the matter. As such, I’d encourage the council to postpone any decision until all constituents have time to evaluate and respond. Sincerely Neda -- Neda Farahvash Labyrinth Design studio Tel: (818) 274 4456 ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1609 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Nishat Alikhan To:councilmtgitems Subject:Regarding Agenda Item 11C for May 9th City Council Meeting Date:Tuesday, May 9, 2023 9:57:02 AM EXTERNAL Hello Santa Monica City Council Members, I am Nishat Alikhan. I work at New Roads School. In regards to the May 9th, 2023 City Council Meeting's agenda item 11C and in consideration of my role, and in the best interest of the over 500+ students and 100+ adults that attend New Roads School daily, I ask that you postpone consideration of the settlement between the City and NMS/WS Communities which will allow the school time to fully understand what this development will be and how it will impact the physical and mental health, safety, and security of our student body as well as the safety and security of my colleagues and myself. Potential impacts of such a development include the increased congestion on already busy streets, increased inaccessibility of safe pathways to and from the metro station which would potentially impact student and faculty accessibility to the quality education and/or their place of employment at New Roads School. Furthermore, we often spend time outdoors enjoying the beautiful Southern California weather engaging in the process of teaching and learning, utilizing nearby Gandara Park regularly for sports practices, and the school and community need time to better understand the scope of the development and the potential impact to student and adult health, especially those with asthma which can be exacerbated by impacted air quality especially during construction periods. Thinking about all of these factors, (the health impacts, the increased congestion to already busy streets, the inaccessibility to the metro station, the likelihood of losing access to Gandara Park), I strongly urge the Santa Monica City Council to postpone its consideration of the settlement. I have taught and attended schools adjacent to development zones and have first-hand experience with the adverse impact on nearby school communities. Thank you for your time and attention. Best Regards, Nishat Alikhan 7th Grade Science Educator New Roads School ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1610 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:RICHARD ORTON To:councilmtgitems Subject:Builders remedy is bad for Santa Monica Date:Monday, May 8, 2023 11:05:56 PM EXTERNAL Dear councilmembers, please do not approve the builders remedy proposal for SantaMonica. The proposed buildings will be the ruination of the city. The housing shortage that we have here in Santa Monica and all over California is of affordable housing. While the builders remedy offer some affordable housing, the bulk of it is expensive, highly profitable, market rate housing, which lines the builders pockets, but doesn’t solve our problem and will create other problems. Please don’t approve this dreadful concept. Richard Orton Ocean park Sent from my iPhone ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1611 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:GERRY OWEN To:councilmtgitems Subject:Objection to Agenda item Date:Tuesday, May 9, 2023 3:46:39 PM EXTERNAL My wife and I would like to register an objection to Agenda Item 11-C. The proposal for such a building would dramatically change the character of the neighborhood where no other building is higher than 3 stories. It would dwarf the Broad Theater complex which is the cultural heart of this area. Not to mention the increased foot and car traffic. Wilshire Boulevard is being resurfaced and right turn only corners being constructed with safety as the intent, a building of this size in the middle of this neighborhood would undermine the safety intent. Thank you for your attention, Gerry and Linda Owen 911 Arizona Ave Santa Monica ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1612 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Pouya Payan To:councilmtgitems Subject:NMS Development Adjacent to New Roads School Date:Tuesday, May 9, 2023 1:09:11 PM EXTERNAL Dear City Council of Santa Monica, I am a parent of a 2nd and 6th graders at the New Roads School. My children have been at this school since Kindergarten. I recently learned that the SM City Council plans to discuss approving a settlement with NMS/WS Communities at this evening's Council meeting. This is an important decision that will have long lasting ramifications for our community. There has not been sufficient time granted for members of the community and affected businesses, schools, and service organizations to fully consider the impacts and provide thoughtful , constructive feedback on the matter. As such, I’d encourage the council to postpone any decision until all constituents have time to evaluate and respond. Sincerely Pouya -- Neda Farahvash Labyrinth Design studio Tel: (818) 274 4456 -- Pouya Payan Labyrinth Design Studio Inc. T 818.200.5005 E pouya@labyrinth-ds.com 1600 Sawtelle Blvd. #230 Los Angeles, CA, 90025 ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1613 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Peter Altschuler To:Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; Council Mailbox Cc:councilmtgitems; David White; Douglas Sloan; David Martin Subject:Builders remedy projects Date:Tuesday, May 9, 2023 9:53:27 AM EXTERNAL There are numerous contentious issues involving the pending claims of builders remedy projects. The first is that the ability to claim builders remedy status is not supported by the facts: Santa Monica did not fail to comply with the State’s zoning modifications; the first submission simply did not meet the State’s parameters, and the City was given time to submit a revision, which was approved. The lack of approval of the first submission did not constitute the type of failure that would permit builders remedy developments. On a constitutional level, the State has imposed mandates by fiat. There was no input from any of the cities that are now required to construct set numbers of new housing units. That violates the State constitution and federal guidelines dating back to “taxation without representation.” The more pressing situation is the Council’s consideration of a staff report recommending settlement of multiple builders remedy projects. There is nothing in the specifications of those projects that indicate how many units will be built, how many will qualify as affordable (which is the objective and intent of State law), what the burden on the City budget will be to provide services for new residential buildings, what the benefits to WS Communities (the developer of 14 builders remedy sites) will be, and why community input is being avoided. Given the scale of some of the proposed buildings, it is vital to understand the environmental impact, the departure from State-approved zoning, and the City Staff’s reasoning for recommending approval of such amorphous proposals. I expect the Council and City management to demand specific answers before approving any builders remedy claims and to continue to pursue legal remedies to prevent them from being built. p ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1614 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:andrew rose To:Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre Cc:Luthern Williams; Evelyn Hou; Isabel Aranda; Emily Alexander; Jason Parry; councilmtgitems; Susan Cola; David White Subject:Request for Postponement of item 11c "Proposed Settlement with WS Communities" Date:Tuesday, May 9, 2023 9:38:10 AM EXTERNAL Mayor Davis and Council-members, My name is Andy Rose and have been a resident of Sunset Park since 1995. My wife and I raised our two kids here and we all love living in Santa Monica. Our two children have attended New Roads School since kindergarten. One is now a junior in college and the other is in ninth grade. I serve as a Board member of New Roads School and I chair the Campus Advancement Task Force, having worked on our campus needs for 9 years. I have genuine concerns about the plan to expedite the approval of WS properties 3131 Nebraska with insufficient review of impact on the neighbors. It is our understanding that the city has a complex challenge here and many passionate stake-holders. We appreciate that the city is trying to ensure the building(s) will conform to current code height and density, but we can not feel our school is secure without a full review of the 3131 Nebraska’s impact on our kids and neighbors. Please postpone consideration of the WS Properties settlement until there has been time to review the plan so we can work together to ensure the safety and well-being of our k-12 community and neighbors. Andy Rose ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1615 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Diane Rose To:councilmtgitems Subject:NMS/WS Settlement Date:Monday, May 8, 2023 9:35:09 PM EXTERNAL Dear Santa Monica City Council, I am a resident of Santa Monica (1620 Ashland Avenue) as well as the leader of a non-profit, Cool Shul, which has its offices located in Santa Monica. I am also a long time parent at New Roads School. I humbly ask you to postpone the discussion of a settlement with the NMS/WS communities at tomorrow’s council meeting. The effect of the development at the NMS Nebraska site will no doubt change the lives of our New Roads students, teachers and staff forever — during construction and in the aftermath of whatever is built there. We, as a community, are extremely concerned about the environmental impacts of construction at that site on our children, who run from grades K to 12. We are also concerned about the noise from construction, the effect new housing will have on the flow of traffic on Nebraska, as well as how the finished product will affect our campus. We are aware there is also a preschool off Nebraska that will be affected deeply. With so many concerns, we simply ask for this agenda item to be delayed so that there is ample time to research the impacts of construction at this site on the Nebraska neighborhood. Thank you so very much for your time and for all you do for this incredible city of ours. Sincerely, Cantor/Rabbi Diane Rose Diane Rose https://urldefense.com/v3/__http://www.coolshul.org__;!!OfuUnHCITYtmmjM!oyErqN9HDOm2Z4h0UOILDPM52UYo3aixWiw5qR317uNAo- FEIwA7mCwTTt-BmC6Hq3ZlRPVX6oj4RlN44MfBRSywy7o$ ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1616 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Annabelle Sadler To:Phil Brock; Gleam Davis; Christine Parra; Lana Negrete; Caroline Torosis; Oscar de la Torre; Council Mailbox Cc:David White; councilmtgitems; Douglas Sloan Subject:A letter for the council.. Date:Monday, May 8, 2023 10:56:05 PM EXTERNAL To Santa Monica Council, Re: Oppose Staff Administrative Item 11-C to settle 13 WSC builder's remedy projects for lack of critical information in the staff report and insufficient time for the public to weigh in. The proposed settlement with WS Communities (WSC) over 13 of its "builder's remedy" project sites will have a huge impact on Santa Monica and its residents for generations to come. When the news broke last September that this developer had filed applications for 14 projects under a "builder's remedy" statute to construct buildings as high as 20 stories and over 4000 units citywide there was widespread opposition. Residents urged the city to hire outside counsel and oppose these projects. https://smclc. net/DevIgnoreZoning10-17-22html In response, the City Attorney retained outside counsel who advised the City Council that there were good legal grounds to contest the filings once formal applications were filed, and one of his highest priorities was to keep the Council and the public informed. In spite of this, last Thursday city staff placed a settlement item on the Council agenda for tomorrow's Council meeting as though it were just a routine item. But this is NOT a one-off settlement between a developer and the City over one site. WSC owns 14 builder's remedv sites throughout the City and this settlement apparently would greenlight the construction of 1000s of housing units. This proposed settlement is essentially a mega-development agreement - the biggest one in the city's history. Given this, there needs to be a high degree of disclosure as to what is being built and what the real-life benefits and burdens to the community will be if implemented. And there needs to be a more open and transparent process and sufficient notice than simply adding, almost as an afterthought, an administrative item to an already packed Council agenda. Unfortunately, the staff report recommending settlement is seriously deficient. It omits critical information that is necessary for the Council and the public to weigh to determine if the settlement is in the interests of Santa Monica before approving it. Key deficiencies in the staff report include: 1. Stating that "the housing built by the owners will satisfy a significant portion of the City's regional housing needs, as planned in its certified Housing Element" without giving the actual numbers, including the number of affordable housing units; 2. Setting forth significant benefits to WSC in developing these sites, which include expedited processing, ministerial review (precluding public scrutiny), and waiver of any environmental review as to adverse impacts which otherwise could require mitigations; 3. Failing to identify any of the corresponding burdens to the City and its residents, ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1617 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) including increased City costs and strain on infrastructure if all of these proiects come online within the next few years; 4. Failing to disclose to the Council or the public what actually will be built on any of these sites (the heights and number of units, including affordable units) in comparison to the builder's remedy numbers posted on the City's website at https://www.santamonica. gov/builders-remedy.; 1. Stating that the 14th WSC project on Euclid (200 units/18-stories) would remain a builder's remedy project and be excluded from the settlement without explaining what this means (is the City reserving its legal right to disapprove it?); and 2. Failing to provide a copy of any proposed settlement agreement as part of the approval process (this is, in essence, a development agreement). Absent this critical information the Council should not move forward.It's impossible to determine what the Council actually would be approving to be built - is it what was originally proposed or is it being modified? If modified, how? And how much affordable housing will be built under this settlement to satisfy the State's requirement that 2/3s of the required new housing be affordable? Moreover, it should be relatively easy for the planning staff to update the builder's remedy chart on the City's website as to the proposed settlement with the total height, number of units and affordable units for each project so the public is kept informed. When a development agreement as momentous as this one occurs, residents are relying upon the Council to do the work, to ask the hard questions, and to demand accurate and complete information to ascertain whether this settlement is reasonable, and in the City's best interest before approving it. This is even more important here, given the well- known history of WSC's predecessor (NMS). Please do not move forward with any settlement with WSC until you have adequate answers to these issues and you can explain to residents what our City will look like if this settlement is approved, why it's in the interests of the City to approve it, and when it's anticipated that these expedited projects would come online. Thank you. ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1618 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Caroline Smukler To:councilmtgitems Subject:Settlement between City and NMS/WS Communities Date:Tuesday, May 9, 2023 8:59:47 AM EXTERNAL Good morning! I am writing regarding with regards to the settlement between the City and NMS/WS Communities. As a resident of Santa Monica I am requesting that you postpone consideration of the settlement. I am very considered about the proposed future development that will impact New Roads School and the surrounding community. Thank you for taking this into consideration. Sincerely, Caroline Smukler (Santa Monica Resident) ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1619 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Steve O To:councilmtgitems Subject:Postpone Settlement Decision Date:Tuesday, May 9, 2023 10:06:56 AM EXTERNAL I recently learned that the SM City Council plans to discuss approving a settlement with NMS/WS Communities at this evenings Council meeting. This is an important decision that will have long lasting ramifications for our community. There has not been sufficient time granted for members of the community and affected businesses, schools, and service organizations to fully consider the impacts and provide thoughtful , constructive feedback on the matter. As such, I’d encourage the council to postpone any decision until all constituents have time to evaluate and respond. Regards, Steve Oliver 2309 26th St, Santa Monica, CA 90405 (206)310-2901 ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1620 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Alexa Stone To:councilmtgitems Subject:Tonights meeting - please delay settlement! Date:Tuesday, May 9, 2023 4:45:50 PM EXTERNAL To Whom it May Concern, I recently learned that the SM City Council plans to discuss approving a settlement with NMS/WS Communities at this evenings Council meeting. This is an important decision that will have long lasting ramifications for our community. There has not been sufficient time granted for members of the community and affected businesses, schools, and service organizations to fully consider the impacts and provide thoughtful , constructive feedback on the matter. As such, I’d encourage the council to postpone any decision until all constituents have time to evaluate and respond. Best Regards, Alexa Stone, New Roads parent ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1621 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Elizabeth Van Denburgh To:Gleam Davis; Phil Brock; Christine Parra; Oscar de la Torre; Lana Negrete; Caroline Torosis; Jesse Zwick; councilmtgitems Cc:David White; Douglas Sloan; David Martin; Susan Cola Subject:City Cnl. Mtg. 5/9/2023 - Item 11C - WSC Settlement Agreement Date:Monday, May 8, 2023 11:27:02 PM EXTERNAL wilmontlogo.jpg Dear Mayor Davis and City Council members, As Wilmont Board members we strongly support the WSC/NMS Settlement Agreement element that outlines the BR Project Applications for 1038 10th Street, 1238-42 10th Street, and 1007 Lincoln Blvd. would be withdrawn without replacement applications. In Wilmont - 1038 10th St. on the west side of 10th between California and Washington is a two story apt. building. Initial BR application proposed a 12 story building and final BR application proposed a 15 story building In Wilmont - 1007 Lincoln Blvd. on the east side of Lincoln between California and Washington is a two story apt. building. Initial BR application proposed a 12 story building and final BR application proposed a 14 story building. On the southern border of Wilmont - 1238-42 10th Street on the southern border of Wilmont are two, two story apt. buildings. Initial BR application proposed a 12 story building and final BR application proposed a 18 story building. Given that, we are gravely concerned about the 10 other applications that will come under ministerial review as well as 1433 Euclid (BR final app. - 18 stories) which will not be subject to the Settlement Agreement. We would request that the WSC/NMS Settlement Agreement CLEARLY OUTLINE the following BEFORE voting on the Settlement Agreement: For 10 ministerial review projects (1925 Broadway - final BR app. - 18 stories; 1518- 1524 7th St. - final BR app. - 11 stories; 1441-1443 Lincoln Blvd. - final BR app. - 16 stories; 2901 Santa Monica Blvd. - final BR app. - 12 stories; 3030 Nebraska (aka 3000 Nebraska Ave.) - final BR app. - 15 stories; 1238 7th St. - final BR app. - 10 stories; 1433-1437 6th St. - final BR app. - 16 stories; 1425 5th St. (aka 1435 5th St.) - final BR app. - 13 stories; 1557 7th St. (aka 707 Colorado Ave.) - final BR app. - 15 stories; 601 Colorado Ave.) update the BR chart on the Planning Department's website with the maximum height, FAR, maximum number of units possible, number of affordable units and parking allowed for all these projects BEFORE voting on the Settlement Agreement to ensure that the City Council and public know what can actually be built on these sites. Outline and dollarize the corresponding burdens/costs to the city and its residents, ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1622 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) including infrastructure if all of these projects come online within the next few years Will the 1433 Euclid WSC project remain a builder's remedy project? Will it be excluded from the settlement without an explanation of what that means? Presentation and review by city council of a copy of the proposed Settlement Agreement is required as part of any approval process Thank-you. Wilmont Board of Directors ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1623 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Ari Vena To:councilmtgitems Subject:Public Records Request - settlement with NMS/WS Communities Date:Tuesday, May 9, 2023 10:50:39 AM EXTERNAL Dear City Council Members, I would like the following comments to be added to the public record: I was recently informed that the Santa Monica City Council plans to discuss approving a settlement with NMS/WS Communities at this evening's City Council meeting. This is a very important decision that will have long lasting ramifications for our community. There has not been sufficient time granted for members of the community and affected businesses, schools, and service organizations to fully consider the impacts and provide thoughtful, constructive feedback on the matter. As a long time member of the New Roads School community I am requesting that the council postpone any decision until all constituents have time to evaluate and respond. Thanks so much for your time and consideration. All best, Ari Vena Co-Head of Parent Village New Roads School ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1624 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Melissa Ward To:Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; Council Mailbox Cc:councilmtgitems; David White; Douglas Sloan; David Martin; councilmtgitems Subject:Oppose Staff Administrative Item 11-C to settle 13 WSC Date:Tuesday, May 9, 2023 8:40:12 AM EXTERNAL TO ALL WHOM IT MAY CONCERN: Please do not move forward with any settlement with WSC until you have adequate answers to these issues and you can explain to residents what our City will look like if this settlement is approved, why it's in the interests of the City to approve it, and when it's anticipated that these expedited projects would come online. To do so would be unconscionable. As a full time resident and former business owner in Santa Monica for close to forty years, I have plead with you to take responsibility in stopping this move to destroy our fair city and community. Thank you, Melissa award 1107 21st Street B Santa Monica Sent from my iPhone ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1625 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Will von Bernuth To:Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Jesse Zwick; Caroline Torosis; Oscar de la Torre; Council Mailbox Cc:councilmtgitems; David White; Douglas Sloan; David Martin Subject:Oppose Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects for lack of critical information in the staff report and insufficient time for the public to weigh in Date:Tuesday, May 9, 2023 11:42:42 AM EXTERNAL To the Santa Monica City Council, I opposed the settlement of the WSC builder's remedy project as it currently stands due to a lack of information (it's not clear what is approved and/or will be approved) and a lack of time for the public to weigh in. As illustrated by SMCLC, some of the key missing information is: 1. Stating that “the housing built by the owners will satisfy a significant portion of the City’s regional housing needs, as planned in its certified Housing Element” without giving the actual numbers, including the number of affordable housing units; 2. Setting forth significant benefits to WSC in developing these sites, which include expedited processing, ministerial review (precluding public scrutiny), and waiver of any environmental review as to adverse impacts which otherwise could require mitigations; 3. Failing to identify any of the corresponding burdens to the City and its residents, including increased City costs and strain on infrastructure if all of these projects come online within the next few years; 4. Failing to disclose to the Council or the public what actually will be built on any of these sites (the heights and number of units, including affordable units) in comparison to the builder’s remedy numbers posted on the City’s website at https://www.santamonica.gov/builders-remedy; 5. Stating that the 14th WSC project on Euclid (200 units/18-stories) would remain a builder’s remedy project and be excluded from the settlement without explaining what this means (is the City reserving its legal right to disapprove it?); and 6. Failing to provide a copy of any proposed settlement agreement as part of the approval process (this is, in essence, a development agreement). Thus, the current proposed settlement does not say what would be built under the agreement and does not say how it differs from the original proposal. Additionally, this proposal was placed on the city council agenda just last Thursday. Less than a week is not enough time for the public to weigh in. As such, I urge you to reject Item 11-C to settle the 13 WSC builder’s remedy projects as it currently stands. There is simply not enough information about what will be built, how it will be built, how it will impact the city, and not enough time for the public to weigh in. Regards, Will ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1626 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Elizabeth Yazdany To:councilmtgitems Subject:Development adjacent to New Road"s School Date:Tuesday, May 9, 2023 9:49:10 AM EXTERNAL City Council Members, I respectfully request that you postpone consideration of the settlement until the school and broader community have time to assess the potential impacts. As a parent of a child attending New Road's School I can say that the area is already heavily congested. These children need a safe and quiet environment for their learning. This school is a K-12 school, serving the youngest of children and it is also a school that supports children with neurodiversity. New Road's is one of the few schools in Los Angeles that offers a "spectrum program" for children who are on the autism spectrum. Having increased congestion and more importantly construction noise would be particularly difficult for our youngest children and our children on the spectrum. I humbly ask that you take these children into consideration when making your decision to postpone. Respectfully, Elizabeth Yazdany (Parent) ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1627 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:zinajosephs@aol.com To:councilmtgitems; Caroline Torosis; Christine Parra; Gleam Davis; Jesse Zwick; Lana Negrete; Oscar de la Torre; Phil Brock; David White; Douglas Sloan Cc:clarethomasdo@aol.com; zinajosephs@aol.com Subject:FOSP: City Council 5/9/23 item 11-C -- OPPOSE Date:Tuesday, May 9, 2023 11:04:30 AM EXTERNAL May 9, 2023 To: Mayor Davis and City Council members From: Board of Directors, Friends of Sunset ParkRE: 5/9/23 agenda item 11-C -- OPPOSE The FOSP Board SUPPORTS the letter below from the Santa Monica Coalition for a Livable City and OPPOSES Staff Administrative Item 11-C and its recommendation for the city to settle over thirteen (13) WSC "builder’s remedy" projects for the following reasons: 1) The staff report lacks critical information. 2) The public has not had sufficient time to weigh in on this issue. We urge you NOT to move forward with any settlement with WSC at this time. Thank you for your consideration. ************************************************************************** May 8, 2023 To: City Council gleam.davis@santamonica.gov, phil.brock@santamonica.gov, christine.parra@santamonica.gov, lana.negrete@santamonica.gov, jesse.zwick@santamonica.gov, Caroline.Torosis@santamonica.gov, oscar.delatorre@santamonica.gov, council@smgov.net CC: City Clerk councilmtgitems@santamonica.gov, David.white@santamonica.gov, Douglas.sloan@santamonica.gov, David.martin@santamonica.gov From: The Santa Monica Coalition for a Livable City (SMCLC) www.SMCLC.net Re: Oppose Staff Administrative Item 11-C to settle 13 WSC builder’s remedy projects for lack of critical information in the staff report and insufficient time for the public to weigh in. The proposed settlement with WS Communities (WSC) over 13 of its “builder’s remedy” project sites will have a huge impact on Santa Monica and its residents for generations to come. When the news broke last September that this developer had filed applications for 14 projects under a “builder’s remedy” statute to construct buildings as high as 20 stories and over 4000 units citywide there was widespread opposition. Residents urged the city to hire outside counsel and oppose these projects. https://smclc.net/DevIgnoreZoning10-17-22.html In response, the City Attorney retained outside counsel who advised the City Council that there were good legal grounds to contest the filings once formal applications were filed, and one of his highest priorities was to keep the Council and the public informed. In spite of this, last Thursday city staff placed a settlement item on the Council agenda for tomorrow’s Council meeting as though it were just a routine item. But this is NOT a one-off settlement between a developer and the City over one site. WSC owns 14 builder’s remedy sites throughout the City and this settlement apparently would greenlight the construction of 1000s of housing units. This proposed settlement is essentially a mega development agreement - the biggest one in the city’s history. Given this, there needs to be a high degree of disclosure as to what is being built and what the real-life benefits and burdens to the community will be if implemented. And there needs to be a more open and transparent process and sufficient notice than simply adding, almost as an afterthought, an administrative item to an already packed Council agenda. Unfortunately, the staff report recommending settlement is seriously deficient. It omits critical information that is necessary for the Council and the public to weigh to determine if the settlement is in the interests of Santa Monica before approving it. Key deficiencies in the staff report include: 1. Stating that “the housing built by the owners will satisfy a significant portion of the City’s regional housing needs, as planned in its certified Housing Element” without giving the actual numbers, including the number of affordable housing units; 2. Setting forth significant benefits to WSC in developing these sites, which include expedited processing, ministerial review (precluding public scrutiny), and waiver of any environmental review as to adverse impacts which otherwise could require mitigations; 3. Failing to identify any of the corresponding burdens to the City and its residents, including increased City costs and strain on infrastructure if all of these projects come online within the next few years; 4. Failing to disclose to the Council or the public what actually will be built on any of these sites (the heights and number of units, including affordable units) in comparison to the builder’s remedy numbers posted on the City’s website at https://www.santamonica.gov/builders-remedy; 5. Stating that the 14th WSC project on Euclid (200 units/18-stories) would remain a builder’s remedy project and be excluded from the settlement without explaining what this means (is the City reserving its legal right to disapprove it?); and 6. Failing to provide a copy of any proposed settlement agreement as part of the approval process (this is, in essence, a development agreement). Absent this critical information the Council should not move forward. It’s impossible to determine what the Council actually would be approving to be built - is it what was originally proposed or is it being modified? If modified, how? And how much affordable housing will be built under this settlement to satisfy the State’s requirement that 2/3s of the required new housing be affordable? Moreover, it should be relatively easy for the planning staff to update the builder’s remedy chart on the City’s website as to the proposed settlement with the total height, number of units and affordable units for each project so the public is kept informed. When a development agreement as momentous as this one occurs, residents are relying upon the Council to do the work, to ask the hard questions, and to demand accurate and complete information to ascertain whether this settlement is reasonable, and in the City’s best interest before approving it. This is even more important here, given the well-known history of WSC’s predecessor (NMS). Please do not move forward with any settlement with WSC until you have adequate answers to these issues and you can explain to residents what our City will look like if this settlement is approved, why it’s in the interests of the City to approve it, and when it’s anticipated that these expedited projects would come online. Thank you. ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1628 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Amy Marston To:councilmtgitems Subject:Little Dolphins by the Sea Objections to Agenda Item 11-C Date:Tuesday, May 9, 2023 3:30:41 PM Attachments:LD objections May 9 2023.pdf EXTERNAL May 9, 2023 By Email RE: Item-11C, Little Dolphins by the Sea’s Objections and Comments to the Settlement Agreement and 3030 Nebraska Avenue Project Dear Members of the Santa Monica City Council: Little Dolphins by the Sea ("LD") is a preschool located at 1812 Stanford Street, Santa Monica, CA 90404 and is in close proximity to a proposed development project located at 3030 Nebraska Avenue (the "Project"). LD hereby OPPOSES the Project and the proposed agreement involving the City of Santa Monica, its City Council and/or Planning Department with WS Communities and its affiliates, which is totally devoid of environmental review, among other concerns. Our students are very young children who are sensitive receptors and any construction and development that would adversely impact them, as well as the surrounding environs and our local community of residents and businesses, should be given meaningful evaluation so that the potentially significant adverse impacts on these constituents are identified and assessed as is legally required. Agenda Item 11-C was only just introduced on May 4 for a meeting scheduled for May 9 – the approval process for the Project itself and the Settlement Agreement agendized for approval at today’s City Council’s meeting has been orchestrated with no transparency and in an accelerated manner designed to circumvent environmental review and silence public outcry due to the legal concerns surrounding the manner in which the Project was approved at the outset. This Project will be situated between two schools (New Roads and LD) and introduces serious concerns regarding impacts on traffic, air quality, safety, noise and aesthetics, among other issues – all of which the Settlement Agreement seeks to eliminate review of in their entirety. LD urges the City Council to table Item 11-C on the May 9, 2023 Agenda to allow LD, our neighbors and our consultants sufficient time to review the Project and to assess the potentially adverse environmental impacts and all other public health and welfare issues arising therefrom. Thank you, Margarita Pagliai Founder/Executive Director Little Dolphins by the Sea ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1629 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) Sent on behalf of Margarita Pagliai by: Amy Marston Preschool Director Little Dolphins by the Sea Preschool littledolphins.org O: 310.998.0011 C: 805.338.6104 LIC # 197415833 + 197415834 ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1630 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) From:Margarita Pagliai To:councilmtgitems Subject:Little Dolphins by the Sea Objections to Agenda Item 11-C Date:Tuesday, May 9, 2023 3:22:55 PM Attachments:Letter to City Council EXTERNAL Dear Members of the Santa Monica City Council: Little Dolphins by the Sea ("LD") is a preschool located at 1812 Stanford Street, Santa Monica, CA 90404 and is in close proximity to a proposed development project located at 3030 Nebraska Avenue (the "Project"). LD hereby OPPOSES the Project and the proposed agreement involving the City of Santa Monica, its City Council and/or Planning Department with WS Communities and its affiliates, which is totally devoid of environmental review, among other concerns. Our students are very young children who are sensitive receptors and any construction and development that would adversely impact them, as well as the surrounding environs and our local community of residents and businesses, should be given meaningful evaluation so that the potentially significant adverse impacts on these constituents are identified and assessed as is legally required. Agenda Item 11-C was only just introduced on May 4 for a meeting scheduled for May 9 – the approval process for the Project itself and the Settlement Agreement agendized for approval at today’s City Council’s meeting has been orchestrated with no transparency and in an accelerated manner designed to circumvent environmental review and silence public outcry due to the legal concerns surrounding the manner in which the Project was approved at the outset. This Project will be situated between two schools (New Roads and LD) and introduces serious concerns regarding impacts on traffic, air quality, safety, noise and aesthetics, among other issues – all of which the Settlement Agreement seeks to eliminate review of in their entirety. LD urges the City Council to table Item 11-C on the May 9, 2023 Agenda to allow LD, our neighbors and our consultants sufficient time to review the Project and to assess the potentially adverse environmental impacts and all other public health and welfare issues arising therefrom. Thank you, Margarita Pagliai Founder/Executive Director Little Dolphins by the Sea -- — Margarita Pagliai Head of School / Founder e: mpagliai@sevenarrows.org o: (310) 230-4900 c: (310) 600-6839 ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1631 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1632 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) May 9, 2023 By Email RE: Item-11C, Little Dolphins by the Sea’s Objections and Comments to the Settlement Agreement and 3030 Nebraska Avenue Project Dear Members of the Santa Monica City Council: Little Dolphins by the Sea ("LD") is a preschool located at 1812 Stanford Street, Santa Monica, CA 90404 and is in close proximity to a proposed development project located at 3030 Nebraska Avenue (the "Project"). LD hereby OPPOSES the Project and the proposed agreement involving the City of Santa Monica, its City Council and/or Planning Department with WS Communities and its affiliates, which is totally devoid of environmental review, among other concerns. Our students are very young children who are sensitive receptors and any construction and development that would adversely impact them, as well as the surrounding environs and our local community of residents and businesses, should be given meaningful evaluation so that the potentially significant adverse impacts on these constituents are identified and assessed as is legally required. Agenda Item 11-C was only just introduced on May 4 for a meeting scheduled for May 9 – the approval process for the Project itself and the Settlement Agreement agendized for approval at today’s City Council’s meeting has been orchestrated with no transparency and in an accelerated manner designed to circumvent environmental review and silence public outcry due to the legal concerns surrounding the manner in which the Project was approved at the outset. This Project will be situated between two schools (New Roads and LD) and introduces serious concerns regarding impacts on traffic, air quality, safety, noise and aesthetics, among other issues – all of which the Settlement Agreement seeks to eliminate review of in their entirety. LD urges the City Council to table Item 11-C on the May 9, 2023 Agenda to allow LD, our neighbors and our consultants sufficient time to review the Project and to assess the potentially adverse environmental impacts and all other public health and welfare issues arising therefrom. Thank you, Margarita Pagliai Founder/Executive Director Little Dolphins by the Sea ITEM 11.C. May 9, 2023 ITEM 11.C. May 9, 2023 11.C.g Packet Pg. 1633 Attachment: ITEM.11.C.Written Comments (5756 : NMS Settlement) Location Details Case No. 3030 Nebraska Avenue/3025 Olympic Boulevard (“Nebraska/Olympic”) 1601 units/15 stories 23ENT –0050 1925 Broadway 405 units/18 stories 23ENT –0031 1435 5th Street 375 units/13 stories 23ENT –0056 1518-1524 7th Street 200 units/11 stories 23ENT –0041 601 Colorado Avenue 200 units/15 stories 23ENT –0012 707 Colorado Avenue/1557 7th Street 200 units/16 stories 23ENT –0028 2901 Santa Monica Boulevard 190 units/12 stories 23ENT –0051 1435-1437 6th Street 170 units/16 stories 22ENT –0319 1441-1443 Lincoln Boulevard 170 units/16 stories 23ENT –0009 1238 7th Street 75 units/10 stories 22ENT –0312 1238-1242 10th Street (“1242 10th Street”) 200 units/18 stories 23ENT –0055 1007 Lincoln Boulevard 95 units/15 stories 23ENT –0066 1038 10th Street 95 units/14 stories 23ENT –0065 11.C.h Packet Pg. 1634 Attachment: PowerPoint Presentation (5756 : NMS Settlement) WS OBLIGATIONS •WS TO SUSPEND AND WITHDRAW 13 BUILDER’S REMEDY PROJECTS •IF REFILED, 8 PROJECTS WOULD BE CODE CONFORMING PROJECTS •IF REFILED, 3030 NEBRASKA AVENUE WOULD BE CODE CONFORMING PROJECTS WITH < 1 ACRE LOTS •3 PROJECTS WITHDRAWN WITHOUT REFILING •WS TO PROVIDE RELOCATION RIGHTS TO 3 FORMER TENANTS WITH RELOCATION ASSISTANCE AND RENT REDUCTIONS 11.C.h Packet Pg. 1635 Attachment: PowerPoint Presentation (5756 : NMS Settlement) CITY OBLIGATIONS •FUTURE CONSIDERATION (WITH NO OBLIGATION TO APPROVE) THE FOLLOWING DEVELOPMENT INCENTIVES •INCREASE PARKING MAXIMUMS IN THE DCP AREA FROM 0.5 TO 1.0 SPACES PER UNIT. •ALLOW OFF-SITE OPTION FOR AFFORDABLE UNITS •REDUCTION FROM 20 TO 15% INCLUSIONARY •CREDIT FOR OFF-SITE UNITS FOR STATE DENSITY BONUS PURPOSES •EXPEDITED MINISTERIAL PROCESSING TIMELINES IF APPLICATIONS ARE FILED 11.C.h Packet Pg. 1636 Attachment: PowerPoint Presentation (5756 : NMS Settlement) MUTUAL OBLIGATIONS •DISMISSAL WITH PREJUDICE OF NMS’S PENDING CIVIL CASE AGAINST CITY, CHALLENGING CITY’S LEASING REGULATIONS •CITY’S AND RCB’S DISMISSAL WITH PREJUDICE OF PENDING CIVIL CASE AGAINST 1238 10TH STREET, LLC 11.C.h Packet Pg. 1637 Attachment: PowerPoint Presentation (5756 : NMS Settlement) FREQUENTLY ASKED QUESTIONS FAQ 1. HOW CAN THE CITY STATE THAT THE HOUSING BUILT BY WS WILL SATISFY A SIGNIFICANT PORTION OF THE CITY’S REGIONAL HOUSING NEEDS AS PLANNED IN ITS CERTIFIED HOUSING ELEMENT WITHOUT GIVING ACTUAL NUMBERS, INCLUDING THE NUMBER OF AFFORDABLE HOUSING UNITS? 11.C.h Packet Pg. 1638 Attachment: PowerPoint Presentation (5756 : NMS Settlement) RESPONSE TO FAQ 1. •THE SETTLEMENT AGREEMENT DOES NOT CONTEMPLATE ANYTHING OTHER THAN THE DEVELOPMENT ALREADY PLANNED IN THE CITY’S HOUSING ELEMENT AND ALLOWED BY CURRENT CODE. •THE HEIGHTS AND FARS ARE ALREADY ALLOWED BY CITY’S HOUSING ELEMENT. STATE DENSITY BONUS UNITS ARE ALREADY MANDATED BY STATE LAW. •BECAUSE NO APPLICATIONS ARE PENDING, THE CITY HAS NO WAY TO CALCULATE THE NUMBER OF UNITS FOR EACH PROJECT WITH CERTAINTY. HOWEVER, THE CITY CAN SHOW THE “BOX” REQUESTED UNDER THE BUILDER’S REMEDY VERSUS THE “BOX” ALLOWED UNDER CURRENT CODE, WHICH WILL NOT CHANGE WITH SETTLEMENT AGREEMENT APPROVAL. 11.C.h Packet Pg. 1639 Attachment: PowerPoint Presentation (5756 : NMS Settlement) FAQ 2. HOW CAN THESE PROJECTS BE APPROVED WITH EXPEDITED PROCESSING AND WITHOUT ENVIRONMENTAL REVIEW? 11.C.h Packet Pg. 1640 Attachment: PowerPoint Presentation (5756 : NMS Settlement) RESPONSE TO FAQ 2. •THE CITY HAS AUTHORIZED ADMINISTRATIVE APPROVALS FOR HOUSING PROJECTS THAT DO NOT REQUIRE DISCRETIONARY REVIEW OR CEQA REVIEW SINCE 2020. •THE HOUSING ELEMENT CERTIFIED BY THE STATE COMMITS TO STREAMLINING THE ADMINISTRATIVE APPROVAL PROCESS IN ORDER TO FACILITATE MORE HOUSING DEVELOPMENT. •ON APRIL 11, 2023, THE CITY COUNCIL APPROVED THE ADMINISTRATIVE APPROVAL PROCESS FOR HOUSING PROJECTS CONSISTENT WITH THE HOUSING ELEMENT. •THE SETTLEMENT AGREEMENT DOES NOT CHANGE THE ADMINISTRATIVE APPROVAL PROCESS. 11.C.h Packet Pg. 1641 Attachment: PowerPoint Presentation (5756 : NMS Settlement) FAQ 3. HOW CAN THE SETTLEMENT AGREEMENT BE APPROVED WITHOUT IDENTIFYING THE BURDENS TO THE CITY AND ITS RESIDENTS, INCLUDING INCREASED CITY COSTS AND STRAIN ON INFRASTRUCTURE? 11.C.h Packet Pg. 1642 Attachment: PowerPoint Presentation (5756 : NMS Settlement) RESPONSE TO FAQ. 3 •THE EIR ANALYSIS FOR THE HOUSING ELEMENT ALREADY CONSIDERED IMPACTS OF NEW HOUSING DEVELOPMENT •IF THE REFILED PROJECTS ARE PURSUED BY WS, THESE PROJECTS WILL BE CONSISTENT WITH THE DEVELOPMENT CONTEMPLATED IN THE HOUSING ELEMENT EIR •THE SETTLEMENT AGREEMENT DOES NOT CHANGE THE CITY’S NORMAL REVIEW PROCESS FOR ISSUANCE OF A BUILDING PERMIT, INCLUDING INFRASTRUCTURE REVIEW BY THE CITY ENGINEER AND DIVISION OF WATER RESOURCES. 11.C.h Packet Pg. 1643 Attachment: PowerPoint Presentation (5756 : NMS Settlement) FAQ 4.WHAT DOES IT MEAN IF THE 1433 EUCLID AVENUE PROJECT REMAINS A BUILDER’S REMEDY PROJECT? 11.C.h Packet Pg. 1644 Attachment: PowerPoint Presentation (5756 : NMS Settlement) RESPONSE TO FAQ 4. •1433 EUCLID AVENUE APPLICATION WILL PROCEED THROUGH THE DISCRETIONARY REVIEW PROCESS IF THE DEVELOPER ELECTS TO PROCEED. •THE SETTLEMENT AGREEMENT EXPRESSLY RESERVES THE CITY’S RIGHT TO APPROVE, DISAPPROVE, OR CONDITIONALLY APPROVE THE PROJECT. HOWEVER, THE CITY’S DISCRETIONARY REVIEW WILL BE SUBJECT TO THE LIMITATIONS OF THE HOUSING ACCOUNTABILITY ACT (INCLUDING THE BUILDER’S REMEDY STATUTE). 11.C.h Packet Pg. 1645 Attachment: PowerPoint Presentation (5756 : NMS Settlement) FAQ 5. HOW CAN THE SETTLEMENT AGREEMENT BE APPROVED WITHOUT DISCLOSING WHAT CAN ACTUALLY BE BUILT ON THESE SITES IN COMPARISON TO THE BUILDER’S REMEDY PROJECTS, INCLUDING THE AFFORDABLE UNITS? 11.C.h Packet Pg. 1646 Attachment: PowerPoint Presentation (5756 : NMS Settlement) RESPONSE TO FAQ 5. THERE ARE NO PENDING APPLICATIONS FILED FOR THE ADMINISTRATIVE APPROVAL PROJECTS, SO WE DO NOT KNOW THE UNIT SIZES, ETC., OR WHETHER THE DEVELOPER WILL UTILIZE THE ENTIRE BOX OR EVEN DENSITY BONUS. 11.C.h Packet Pg. 1647 Attachment: PowerPoint Presentation (5756 : NMS Settlement) FAQ. 6 IS THE SETTLEMENT AGREEMENT A DEVELOPMENT AGREEMENT? 11.C.h Packet Pg. 1648 Attachment: PowerPoint Presentation (5756 : NMS Settlement) RESPONSE TO FAQ 6. THE SETTLEMENT AGREEMENT IS NOT A DEVELOPMENT AGREEMENT BECAUSE IT DOES NOT AUTHORIZE ANY SPECIFIC DEVELOPMENT AND DOES NOT AUTHORIZE ANY CHANGES TO THE HOUSING ELEMENT IMPLEMENTING ORDINANCES PREVIOUSLY APPROVED BY COUNCIL 11.C.h Packet Pg. 1649 Attachment: PowerPoint Presentation (5756 : NMS Settlement) FAQ 7. Why doesn’t the City just ignore the Builder’s Remedy projects or sue the State to challenge Builder’s Remedy? 11.C.h Packet Pg. 1650 Attachment: PowerPoint Presentation (5756 : NMS Settlement) THE CAO OBTAINED 3 LEGAL OPINIONS •ALL 3 OPINED: •THE CITY HAS NO LEGAL RIGHT TO REFUSE TO PROCESS A PENDING BUILDER’S REMEDY APPLICATION •THE RISKS OF REFUSING TO PROCESS A PENDING BUILDER’S REMEDY APPLICATION ARE WRIT OF MANDATE, CLAIMS FOR DAMAGES UNDER STATE AND FEDERAL LAW (CIVIL RIGHTS), OTHER STATE LAW REMEDIES (CAL. GOV’T CODE 65585(J)) 11.C.h Packet Pg. 1651 Attachment: PowerPoint Presentation (5756 : NMS Settlement) STATE LAW PLACES THE BURDEN OF PROOF ON THE CITY IN ANY ACTION TAKEN TO CHALLENGE THE VALIDITY OF A DECISION BY A CITY TO DISAPPROVE A PROJECT OR APPROVE A PROJECT WITH A CONDITION THAT THE PROJECT BE DEVELOPED AT A LOWER DENSITY, THE CITY BEARS THE BURDEN OF PROOF THAT ITS DECISION CONFORMED TO THE CONDITIONS SPECIFIED IN THE HOUSING ACCOUNTABILITY ACT (CAL. GOV’T CODE SECTION 65589.5) 11.C.h Packet Pg. 1652 Attachment: PowerPoint Presentation (5756 : NMS Settlement) THE STAKES ARE HIGH BECAUSE … •Recent court opinions disfavor denials of housing development under the Housing Accountability Act due to state policy favoring housing and perceived NIMBYISM. •The State Attorney General has become much more active in enforcing State housing laws. •The City faces penalties at the minimum rate of $10,000 dollars per month or violation of state housing laws and a minimum of $10,000 per housing unit if the City fails to approve a housing development under the Housing Accountability Act. 11.C.h Packet Pg. 1653 Attachment: PowerPoint Presentation (5756 : NMS Settlement) May 9, 2023 Settlement Agreement Projects Summary 11.C.h Packet Pg. 1654 Attachment: PowerPoint Presentation (5756 : NMS Settlement) Settlement Agreement -Builder’s Remedy Projects Settlement Agreement Projects •601 Colorado Ave •3030 Nebraska Ave (aka 3000 Nebraska Ave) •2901 Santa Monica Blvd •1925 Broadway •1557 7th St (aka 707 Colorado Ave) •1518 -1524 7th St •1441 -1443 Lincoln Blvd •1433 -1437 6th St •1425 5th St (aka 1435 5th St) •1238 7th St Projects that will be Withdrawn •1238-1242 10th St •1007 Lincoln Blvd •1038 10th St Not Subject to Settlement Agreement •1433 Euclid St 11.C.h Packet Pg. 1655 Attachment: PowerPoint Presentation (5756 : NMS Settlement) Builder’s Remedy Application vs. Housing Element: 601 Colorado Ave 11.C.h Packet Pg. 1656 Attachment: PowerPoint Presentation (5756 : NMS Settlement) Builder’s Remedy Application vs. Housing Element: 3030 Nebraska Ave (aka 3000 Nebraska Ave) 11.C.h Packet Pg. 1657 Attachment: PowerPoint Presentation (5756 : NMS Settlement) Builder’s Remedy Application vs. Housing Element: 2901 Santa Monica Blvd 11.C.h Packet Pg. 1658 Attachment: PowerPoint Presentation (5756 : NMS Settlement) Builder’s Remedy Application vs. Housing Element: 1925 Broadway 11.C.h Packet Pg. 1659 Attachment: PowerPoint Presentation (5756 : NMS Settlement) Builder’s Remedy Application vs. Housing Element:1557 7th St (aka 707 Colorado Ave) 11.C.h Packet Pg. 1660 Attachment: PowerPoint Presentation (5756 : NMS Settlement) Builder’s Remedy Application vs. Housing Element:1518 -1524 7th Street 11.C.h Packet Pg. 1661 Attachment: PowerPoint Presentation (5756 : NMS Settlement) Builder’s Remedy Application vs. Housing Element:1441 -1443 Lincoln Blvd 11.C.h Packet Pg. 1662 Attachment: PowerPoint Presentation (5756 : NMS Settlement) Builder’s Remedy Application vs. Housing Element:1433 -1437 6th St 11.C.h Packet Pg. 1663 Attachment: PowerPoint Presentation (5756 : NMS Settlement) Builder’s Remedy Application vs. Housing Element:1425 5th St (aka 1435 5th St) 11.C.h Packet Pg. 1664 Attachment: PowerPoint Presentation (5756 : NMS Settlement) Builder’s Remedy Application vs. Housing Element:1238 7th St 11.C.h Packet Pg. 1665 Attachment: PowerPoint Presentation (5756 : NMS Settlement) Project to be Withdrawn: 1238 –1242 10th St 11.C.h Packet Pg. 1666 Attachment: PowerPoint Presentation (5756 : NMS Settlement) Project to be Withdrawn: 1007 Lincoln Blvd 11.C.h Packet Pg. 1667 Attachment: PowerPoint Presentation (5756 : NMS Settlement) Project to be Withdrawn: 1038 10th St 11.C.h Packet Pg. 1668 Attachment: PowerPoint Presentation (5756 : NMS Settlement) Project Not Subject to Settlement Agreement: 1433 Euclid St 11.C.h Packet Pg. 1669 Attachment: PowerPoint Presentation (5756 : NMS Settlement) Summary 11.C.h Packet Pg. 1670 Attachment: PowerPoint Presentation (5756 : NMS Settlement)