INSIDE
S A N TA M O N I C A
SANTA MONICA PREVAILS IN A LEGAL CHALLENGE BY DOORDASH FOR VIOLATIONS OF COVID-19 EMERGENCY ORDER
REFLECTING THE CONCERNS OF THE COMMUNITY
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December 25 – December 31, 2020 Volume LXVIII, Issue 73
Slew of Landlords Sue Santa Monica Over Short Term Rental Ban Lawsuit claims ordinance violates U.S. Constitution and California Coastal Act By SaM CataNZarO
Landlords are suing the City of Santa Monica, claiming a recently-adopted ban on short-term rentals violates the U.S. Constitution and the California Coastal Act, among other offenses. In September, Santa Monica City Council adopted a law that requires residential leases to last at least one year while also prohibiting furnished apartments. In addition, the ordinance states apartments can only be rented only to tenants intending the unit to be their primary residence. According to the City, “these new regulations are intended to preserve Santa Monica’s rental housing stock for permanent residents in response to concern regarding loss of rental housing stock to corporations and persons who do not wish to make Santa Monica their primary residence.” On Monda, December 14, 32 limited liability companies–including NMS and WS Communities–filed a lawsuit with Los Angeles County Superior Court alleging the decision to adopt the ordinance was “arbitrary, capricious, and lacking in evidentiary support.” These plaintiffs argue that their landlords’ properties are dependent on a business model that facilitates flexible-term leasing and furnished units. “Their tenants are people who want or need to live in Santa Monica, and for whom flexibility in the lease term is critical,” the lawsuit states. The case takes aim at Santa Monica City Council shifting course at an August 25 meeting. Going into the meeting–informed by over a dozen public hearings over the past few
Photo: Ted Catanzaro
An apartment for rent on 11th Street in Santa Monica.
years–City Staff recommended that landlords be required to offer leases under a year and furnished units while also allowing tenants to decline such options. At the meeting, however, the case alleges lawmakers bowed to pressure from hotel lobbyists and political activists. “For purely political reasons and without the benefit of any study, the City Council elected
during the middle of a meeting to change course after hotel lobbyists and other political activists protested the staff’s recommendation and demanded that anyone needing a home in Santa Monica for less than a year go to an ‘extended stay hotel,” the case reads. “Politicians simply decided on the fly that they know better than their staffers: one size would
have to fit all, no matter the circumstances.” The case argues that the resulting law violates the California Coastal Act, which sets restrictions on local control on land within 1,000 yards of the ocean. In addition, the case alleges the law violates the U.S. Constitution’s Equal Protection Clause
Landlords, see page 5
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December 25 – December 31, 2020
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December 25 – December 31, 2020
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December 25 – December 31, 2020
Santa Monica Prevails in a Legal Challenge by DoorDash for Violations of COVID-19 Emergency Order
DoorDash loses challenge to city over delivery fees By Staff Writer
In a written decision issued earlier this month, an administrative hearing officer ruled in favor of the City of Santa Monica for violations of Santa Monica’s COVID-19 emergency order challenged by DoorDash this summer. In August 2020, the City’s Code Enforcement Division issued eight citations to DoorDash, citing a total of 23 violations of the City’s emergency order capping maximum fees that a third-party delivery service can charge a local restaurant for delivery fees, with fine amounts totaling $11,500. On May 19, 2020, in the midst of Governor Newsom’s Stay at Home Order and the Los Angeles County Department Public Health’s Safer at Home Order prohibiting restaurants from offering dine-in service and limiting restaurants to delivery and takeout offerings, the City issued the Sixteenth Supplement
to its local emergency imposing a 15% cap on delivery fees and a 5% cap on other fees charged to restaurants by third-party food delivery companies. In July 2020, a local restaurant, Sushi King, filed a complaint that DoorDash was charging a 20% delivery fee in violation of the City’s emergency order. Code Enforcement investigated the complaint and confirmed the violations. The City issued citations to DoorDash, which DoorDash appealed. DoorDash argued that there was no violation of the order, and that DoorDash and Sushi King “[had] agreed . . . that going forward, a total commission of 20% will be applied to delivery orders placed with Sushi King while Santa Monica’s temporary cap is in place, which combines the 15% cap on delivery fees and the 5% cap on the other fees. . .” The hearing officer, after having reviewed the factual and legal arguments presented by the City and DoorDash, rejected DoorDash’s argument and upheld the citations. “The Code Enforcement Division is dedicated to protecting the Santa Monica community through the public health emergency by ensuring our municipal code
Sushi King in Santa Monica.
and emergency orders are understood and followed,” said Code Enforcement Manager Sharon Guidry. “We received a complaint, discovered the facts, and in partnership with
Photo: Google
the City Attorney’s Office, were able to achieve a positive outcome for this business and many others who use third-party food delivery services.”
December 25 – December 31, 2020
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Calling on Santa Monica to Donate to Virginia Avenue Park Food Pantry to Meet Matching Grant December 31 deadline to meet matching grant By CHaD WiNtHrOP
At its meeting this week, the Santa Monica City Council unanimously voted to immediately contribute $10,000 in discretionary funding, and to commit up to another $10,000 in discretionary funding to match contributions made by others through December 31, 2020, to support the Virginia Avenue Park Food Pantry. The Council made the contributions in recognition of City staff who have served as frontline workers throughout the pandemic, and invited matching donations from the Santa Monica community to provide fresh food to families in need.
Landlords, from page 1 because it disproportionately harms renters hurt by COVID-19–such as frontline workers or families of patients–who may be looking for a temporary living space near hospitals. The suit also states that the short term rental ban harms landlords who are collecting less rent during the pandemic. According to a November report from Apartment List, Santa Monica rents have declined “decreased sharply” by 12.8 percent in comparison to the same time last year. Currently, median rents in Santa Monica stand at $1,870 for
“We know Santa Monica community members are struggling and we want to rally around them with nutritious food this holiday season,” said Mayor Sue Himmelrich. “We invite you who are not struggling to join us in lifting up our fellow community members by donating to the We Are Santa Monica Fund. Your donation will help more families with food boxes through December and into the new year. The Council’s contribution honors the heroic and dedicated work of our City staff who have gone above and beyond to deliver excellent service despite our 2020 challenges.” To make a donation, visit calfund.org/ wearesantamonica/and select “Holiday Food Pantry” through the area of support drop down. Through generous donations from the Santa Monica community, the City has been able to provide 2,000 food boxes to Santa Monica families since November 1 experiencing food insecurity each week through the COVID-19 pandemic.
a one-bedroom apartment and $2,352 for a two-bedroom, the report. This decline is the steepest decline of any city in Southern California included in the report. When reached for comment regarding the lawsuit, the City of Santa Monica provided the following statement: “The City of Santa Monica has a successful record adopting balanced housing policies that protect limited housing for long-term residents. In keeping with this, the City Council passed new residential leasing regulations earlier this year. The City believes these regulations are legally valid, but is reviewing the challenges raised in the complaint that was recently filed.”
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December 25 – December 31, 2020
OPINION
Yes, Santa Monica, there is a Santa Claus SMa.r.t. Santa Monica Architects for a Responsible Tomorrow
It’s that time of year again, but tragically this year so many things are staggeringly different and difficult on many levels for the people and businesses here. The joy, peace and good spirits we normally look forward to in the holiday season have sadly dwindled down to unease and uncertainty in the grip of COVID-19. The full impact of society’s temporary and permanent changes still remain to be seen. Even so, we believe there still exists our hope, courage and determination to make things better. It’s on that note we are putting forward the “wish list” we want Santa to bring us this coming year. We can achieve our goals by providing a focus and emphasis on common sense directives and realistic economic added value solutions which won’t add tax burdens to already aching budgets and pocketbooks. The best interests of most Santa Monica residents and businesses have been frozen out somewhere in distant space by over development, poor planning and zoning “solutions” which predominantly orbit around the financial sun god of investment groups, real estate financial funds and short term profit opportunists. These lack any real appreciation of and interest in preserving and advancing the true quality of living here in Santa Monica. That said, we “wish” for the following: 1. As the City updates the Housing Element, that “new models” of housing affirmatively and proactively incorporate “community land trusts” and “limited equity housing cooperatives” as a progressive, non-market based form of home ownership. The benefits include but are not limited to opportunities for permanent affordability, improved stewardship of land, and a strengthened local economy. Residents would be further invested in their community and this would result in less occupant turnover and create greater stability overall. https://www.cacltnetwork.org/, https:// centerforneweconomics.org/apply/ community-land-trust-program, https:// community-wealth.org/content/communityland-trusts-clts 2. The City should promote the development of a wider range of housing types including more live work units, lofts and family sized units. It’s important to plan residential growth into different areas around the city and zoning for residential growth not focusing only on single family zoned areas and adjacent areas. 3. Refine an Urban Design Plan for the downtown area and Major corridors including city owned parcels that are able to be developed with mixed use supporting neighborhood and family owned businesses with affordable housing, including a reinvigorated Promenade that is accessible to all residents and includes small family run businesses and fast food franchises. 4. Santa Monica to create and promote
state funding incentives for development and the repurposing of existing industrial and commercial buildings to incorporate studios and residences by not increasing parking requirements. This is a huge form of environmental recycling. 5. The City to achieve sustainable independence from water importation by 2023 as is stated in the Santa Monica water sustainability goals. 6. All new developments must be designed with minimal to no impact on energy and water consumption and additional costs for required physical infrastructure as possible. 7. Santa Monica should join 50 other cities to legally stop the State’s fraudulent claim that the City should and must increase its population by about 20% by building 8874 new units in eight years. Properly analyze with real confirmed data what our community needs are by recognizing parameters other than the SCAG numbers which are incorrectly based on faulty data. 8. Renewable on-site energy source requirements (including car recharging) that, given current technology, would limit heights to three, and possibly four stories . The added value here is it would also keep heights in line with the requirements of the multiyear design effort of the LUCE (Land Use Circulation Element) which specifically states and mandates that building heights should be
reduced. This is the antithesis of what we are now seeing happen here. No-one wants to come to a congested overrun Downtown Los Angeles by the sea. This is for the long term benefit of all, residents and visitors alike, and the preservation of the essence of what makes this our beach town. 9. Save the History Building at Santa Monica High School from the School District’s spendthrift demolition derby. 10. Provide City owned, city wide, dark fiber, high speed internet system, built as a public utility for all our businesses, students, visitors etc. 11. Put some real long term and livable solutions into solving our share of homelessness through local initiatives and collaboration with both the City and County of Los Angeles which will contribute significant progress in reducing crimes and returning safety for residents and enjoyment of our parks, streets and beaches. 12. And last but not least we want good health and well-being with everyone being vaccinated as soon as possible. We value our precious elderly, all the courageous and selfless essential workers, the police, fire departments and medical professionals. Teachers are also very essential, so we hope they will be prioritized as well since we need to reopen the schools ASAP. This will be a year we would all like to
forget, but the silver lining if there is one is at all is that we have come to see many profound changes and learn by them, in some cases we have been sorely reminded of the values created by the quality of life in Santa Monica (or absence thereof) and how that effects everyone and everything in the long run. Wishes can be realized only if our community stands together and the new City council does what’s required in order to move our city back to common sense solutions, directions and sustainable goals. by Michael Jolly for SM a.r.t. (Santa Monica Architects for a Responsible Tomorrow) Ron Goldman, Architect FAIA; Dan Jansenson, Architect, Building & Fire-Life Safety Commissioner; Mario Fonda-Bonardi AIA, Planning Commissioner Commissioner; Robert H. Taylor, Architect AIA: Thane Roberts, Architect; Sam Tolkin, Architect; Marc Verville accountant ret.; Michael Jolly, AIRCRE For previous articles see www.santamonicaarch.wordpress.com/ writings.
December 25 – December 31, 2020
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John Patrick Shanley’s “Wild Mountain Thyme” – An Irish “Moonstruck” Once upon a time, in Ireland’s bucolic countryside, there lived a farm girl named Rosemary Muldoon (Emily Blunt) who was in love with her next door neighbor, Anthony Reilly (Jamie Dornan,) since she was ten years old. As she grew up, her love for him never faded as she saw this shy, rather eccentric man as her handsome prince, despite rumors that he was not quite right in the head. Like most fairy tales, there were a few bumps along the way to possibly achieving her goal, which was to marry him. With a lone mountain in central Ireland’s rural County Mayo as a backdrop, John Patrick Shanley (Doubt, Moonstruck) has created a love letter to the Irish people with his film Wild Mountain Thyme, the title of which comes from a Celtic folk song. Written and directed by this highly respected playwright, Shanley adapted the script from his Tony-nominated stage play, Outside Mullingar, capturing on film the heart and soul of the simple people living in this tiny farming community. The sweeping establishing shots of some of Ireland’s historic sites were beautifully captured by Stephen Goldblatt’s cinematography, whose superb camera work permeated the entire film. The first voice we hear is that of Tony Reilly, played by the inimitable Christopher Walken, and thus the tale begins. Now in her thirties and a bit depressed, all Rosemary Muldoon wants is to be married. She laments, “I have no purpose. I am just a girl and the world is full of girls.” Separating the Reilly and Muldoon farms are two gates belonging to the Muldoons, and has been a bone of contention between the two families
for decades. Tony is very rough on his son Anthony observing that there was something wrong with his face – that it was that of a Kelly face from his mother’s side. Being riddled with so many insecurities, Anthony accepts yet another thing that is wrong with him. But, there is something much more profoundly wrong with him that he has keep hidden from everyone, including Rosemary. To add even more insult to injury, besides pressuring his son, to get married, aging Tony finally tells him that he’s probably never going to marry and is not going to leave the farm to him but instead will sell the land to his nephew Adam, a hot-shot Wall Street tycoon well played by Jon Hamm. This hardcore New Yorker has no idea about the life of these farmers and shows up in a RollsRoyce, which Rosemary thinks is laughable. Anthony realizes that if he wants to keep the farm, he’d best propose to Rosemary. In the meadow facing a donkey, he practices what he is going to say and gets down on one knee in front of the donkey, asking for her hand in marriage. Overheard by one of the townspeople, needless to say the word spread, reinforcing the belief that there was something very wrong with him. Anthony is hell bent on proposing, but before going through the two gates, he searches in his pocket for something that he cannot find and abruptly turns around and leaves. In the meantime, like in any good Irish story we have Rosemary’s dear mother, Aiofe Muldoon, wonderfully played by Dearbhla Molloy, who reprised her stage role. She is quite ill and as it turns out, so is Anthony’s dad, and when almost on his death bed, decides to make amends with his son and at last professes his love for him. Whip out a tissue for the scene between father and son as it’s one of the most emotional scenes in the film. With both parents now gone, these
(L-R) Jon Hamm as Adam Reilly, Jamie Dornan as his cousin Anthony Reilly and Christopher Walken as his dad Tony.
Photos: Kerry Brown/Bleecker Street
Christopher Walken stars as Tony Reilly in John Patrick Shanley’s “Wild Mountain Thyme”a Bleecker Street release
two now 30-something friends will each own their respective farms. There is a brief attempt at romance between Rosemary and Adam which quickly fizzles out, making her even lonelier and more determined than ever to get her man. What ensues is a hilarious scene of seduction unlike anything you’ve ever seen. The most talented Emily Blunt delivers what could be called a cunning tourde-force performance for all stops are off and we see the full scope of her extraordinary acting skills. She is truly delightful as is Jamie Dornan’s characterization of sadsack Anthony. But don’t stress. Anthony works up the courage to reveal his deep, dark secret, which is really weird, and her
response will be surprisingly different from what you might expect. Now, what Irish tale would be complete without a rousing bar sequence and Shanlan delivers such a scene where Rosemary and Anthony sing a beautiful Irish ballad. The question is: Did the princess finally get her reluctant prince? Watch the film to find out the answer to that question. Distributor: Bleecker Street Release Date: Current Where: USA – In Theatres & On Demand Language: English Running Time: 102 Minutes Rating: Unrated
L-R: Christopher Walken as Tony Reilly and Emily Blunt as Rosemary Muldoon in John Patrick Shanley’s “Wild Mountain Thyme.”
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December 25 – December 31, 2020
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Get ahead this 2021 Complete a full-credit class in just 6 weeks. Winter classes start Jan 4 smc.edu/winter
SANTA MONICA COMMUNITY COLLEGE DISTRICT BOARD OF TRUSTEES Dr. Nancy Greenstein, Chair; Dr. Susan Aminoff, Vice Chair; Dr. Louise Jaffe; Dr. Margaret Quiñones-Perez; Rob Rader; Dr. Sion Roy; Barry A. Snell; Joshua Elizondo, Student Trustee; Kathryn E. Jeffery, Ph.D., Superintendent/President Santa Monica College | 1900 Pico Blvd. Santa Monica, CA 90405 | smc.edu