m20230321
1 March 21, 2023
CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MARCH 21, 2023
A regular meeting of the Santa Monica City Council was called to order by Mayor Davis at 5:40 p.m., on
Tuesday, March 21, 2023, at City Council Chambers, 1685 Main Street, Santa Monica, CA.
Roll Call: Present: Mayor Gleam Davis
Mayor Pro Tem Lana Negrete
Councilmember Phil Brock
Councilmember Oscar de la Torre (arrived at 5:42 p.m.)
Councilmember Christine Parra
Councilmember Caroline Torosis
Councilmember Jesse Zwick
Also Present: City Manager David White
City Attorney Douglas Sloan
City Clerk Denise Anderson-Warren
CONVENE
On order of the Mayor, the City Council convened at 5:40 p.m., with all
members present except Councilmember de la Torre.
GENERAL PUBLIC
INPUT:
Councilmember de la Torre
arrived at 5:42 p.m.
Members of the public Denise Barton, Johnathan Foster, Troy Robinson,
and Isabel Cruz commented on various local issues.
PUBLIC INPUT FOR
CLOSED SESSION,
SPECIAL AGENDA
ITEMS AND CONSENT
CALENDAR ONLY:
There were no members of the public present to comment on closed
session, special agenda items or Consent Calendar items.
PROCLAMATIONS/
COMMENDATIONS
4.A. Proclamation: Red Cross Month, was presented.
CLOSED SESSIONS
On order of the Mayor, the City Council recessed at 5:55 p.m., to consider
closed sessions and returned at 6:59 p.m., with all members present, to
report the following:
3.A. Conference with Legal Counsel – Existing Litigation –
Government Code Section 54956.9(d)(1): Thomas Metzger v. City of
Santa Monica; LASC Case No. 21STCV36815
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The City Attorney advised this matter was heard with no reportable action
taken.
3.B. Conference with Legal Counsel – Existing Litigation –
Government Code Section 54956.9(d)(1): City of Santa Monica, et al. v.
1238 10th Street, LLC., et al.; LASC Case No.
The City Attorney advised this matter was heard with no reportable action
taken.
3.C. Conference with Legal Counsel – Existing Litigation –
Government Code Section 54956.9 (d)(1): NMS 1539, LLC., et al. v.
City of Santa Monica, et al.; Central District of California Case No.
2:20-cv-11318-FLA(JPRx)
The City Attorney advised this matter was heard with no reportable action
taken.
3.D. Conference with Legal Counsel – Anticipated Litigation –
Government Code section 65589.5(d): WS Communities v. City of
Santa Monica
The City Attorney advised this matter was heard with no reportable action
taken.
SPECIAL AGENDA
ITEMS:
4.B. City Manager's Report, was presented.
REPORT ON COUNCIL
TRAVEL
Councilmember Brock reported that he traveled to Monterey, CA for the
Civic Well Conference where a lot of conversations about infrastructure
and Councilmember Zwick also attended the same conference where there
was a lot of discussion on Climate resiliency, Climate issues as it relates to
Housing and transportation issues.
CONSENT CALENDAR: All items were considered and approved in one motion unless removed by a
Councilmember for discussion.
Motion by Councilmember Brock, seconded by Councilmember Torosis, to
approve the Consent Calendar, reading resolutions by title only and
waiving further reading thereof. The motion was approved by the
following vote:
AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick,
Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
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GRANT AWARD 5.A. Accept Officer Wellness & Mental Health Grant, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to
Section 15061(b)(3) (Common Sense Exemption) of the California
Environmental Quality Act (CEQA) Guidelines.
2. Authorize the City Manager to accept a grant awarded in the
amount of $141,118.62 from the California Board of State and
Community Corrections (BSCC) for the Officer Wellness and
Mental Health Grant Award.
3. Authorize the City Manager to execute all necessary documents to
accept the grant and all grant renewals.
4. Authorize budget changes as outlined in the Financial Impacts and
Budget Actions section of this report.
SANTA MONICA
COLLEGE
5.B. Approval of First Modification to Contract #11059, Any Line
Any Time Pass Program for Santa Monica College, was approved.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to
Section 15061(b)(3) (Common Sense Exemption) of the California
Environmental Quality Act (CEQA) Guidelines.
2. Authorize the City Manager to negotiate and execute a first
modification to Contract #11059, the “Any Line, Any Time”
unlimited ride transit program agreement with Santa Monica
College (SMC), to extend the term of the agreement by one year
through June 30, 2024, and to receive compensation in the amount
of $1,129,000 from SMC for the remaining two contract years
ending June 30, 2024.
PUBLIC INPUT ON
REMAINING AGENDA
ITEMS:
Members of the public Jenny Hontz, Ed Mendoza, Joanna Elliot, Michelle
Ashford, Allison Abner, Alejandra Pedroza, Luis Pedroza, Silvia Chavez,
Denise Barton, and Kevin Kozal commented on Item 10.A.
Member of the public Denise Barton commented on Item 16.A.
Members of the public Denise Barton, Johnathan Foster, Marcus Stilwell,
and Ericka Lesley commented on Item 16.B.
Members of the public Balvino, Patricia Gomez, Alfredo Miguel,
Johnathan Foster, Dulce, Carlos Uluan, Delia Lopez, Jorge Cruz, Marina
Garcia, Carmen Garcia, and Angelica commented on Item 16.C.
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ORDINANCES:
HOUSING ELEMENT
10.A. Housing Element Implementation, was presented.
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding that the proposed amendments to the LUCE, DCP,
BAP, and Zoning Ordinance, LUCE designation map, and Zoning
Districting Map, LUCE designation map, and Zoning Districting
Map 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);
2. Adopt a finding that the proposed extension of the Urgency Interim
Zoning Ordinance are categorically exempt from the provisions of
the CEQA pursuant to Section 15061(b)(3) of the State
Implementation Guidelines (common sense exemption);
3. Adopt Resolution No. 11512 (CCS) Amending the Text of the Land
Use and Circulation Element of the General Plan for Consistency
with the Goals, Policies and Programs set forth in the 6th Cycle
(2021-2029) Housing Element; (Requires 5 votes to pass)
4. Adopt Resolution No. 11513 (CCS) Amending the Text of the
Bergamot Area Plan for Consistency with the Goals, Policies and
Programs set forth in the 6th Cycle (2021-2029) Housing Element;
5. Adopt Resolution No. 11514 (CCS) Amending the Text of the
Downtown Community Plan for Consistency with the Goals,
Policies and Program set forth in the 6th Cycle (2021-2029)
Housing Element; (Requires 5 votes to pass)
6. Introduce for First Reading of an Ordinance Amending the Text of
the Zoning Ordinance for Consistency with the Goals, Policies, and
Programs set forth in the 6th Cycle (2021-2029) Housing Element;
for Consistency with Updates to State Law Related to Housing
Production and Minimum Parking Requirements; and to Make
Minor Changes, Clarifications and Corrections Including
Modifications to Parcel Coverage Limitations for Existing
Structures in the R1 (Single-Unit) District and Modifications to the
Standards for Accessory Structures;
7. Adopt Resolution No. 11515 (CCS) Amending the General Plan
Land Use Map for Consistent Designation of Identified Parcels;
8. Introduction for First Reading of an Ordinance Amending the
Official Districting Map for Consistent Designation of Identified
Parcels;
9. Introduction and First Reading of an Ordinance Amending the
Official Districting Map for Properties Located at 1811 Warwick
and 1808 34th Avenue; and
10. Introduce and Adopt Emergency Interim Zoning Ordinance No.
2740 (CCS) to extend interim regulations established by Emergency
Interim Zoning Ordinance Number 2633 (CCS) and amended and
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extended by Emergency Interim Zoning Ordinance Numbers 2645,
2692, and 2699 (CCS) to increase thresholds for review of one
hundred percent affordable housing projects and certain Tier 2
housing projects subject to the Housing Accountability Act by
Administrative Approval.
Questions asked and answered of staff included: regarding the ARB review,
how does staff plan to make sure a project gets through the process in an
efficient manner; if a project has been deemed code compliant and it hasn’t
gone through the ARB process, can the project still be approved; would
there be some sort of internal process to priorities housing projects through
the ARB process in a timely manner; explain reconciling the two parcels in
the Pico neighborhood with the LUCE and the Zoning code; were the
owners and neighbors of the two parcels in the Pico neighborhood notified;
is there any downside to upzoning the inconsistent parcels in the city; what
does upzoning mean in stories and feet for a building; is the NC on Main
Street being upzoned; have you thought about bifurcating on Main Street
for lot consolidation; what is the rationale to get rid of the 20% for
inclusionary housing, and reduce it down to 15%; how many units can be
placed on a parcel when a lot is upzoned from R1 to R2; what are the three
properties on Pico Blvd that are on the SSI list and can be consolidated; if
the Council truly wants 100 percent affordable housing, why not make the
inclusionary number 90 percent; was there any analysis for the downtown
area showing that having a higher inclusionary number does not equate to
more affordable housing; are the parcels in the Pico neighborhood close to
transit and fall under SB9, which means they could become multi-family
anyway; what are the consequences if Council doesn’t approve the two
parcels in the Pico neighborhood; what is the impact of small businesses
with the loss of parking lots; what opportunities of community engagement
is planned moving forward for these housing projects; is it realistic to
propose going 90 percent inclusionary housing citywide; if the city kept the
block on Main from Ocean Park to Navy at a 6,000 sq ft lot consolidation,
would that make HCD consider making our Housing Element non-
compliant; is there a plan to better communicate with the community
moving forward on any zoning/LUCE inconsistencies; have actual
developers say that they can’t build downtown with the 20% inclusionary,
is that right; is having a 20% inclusionary downtown and 15% outside of
downtown potentially pushing more density in the outside communities; if
we kept the lot consolidation on Main Street at 6,000 and no housing was
built, would we have to explain that to HCD; if we don’t meet our housing
requirements, would we be out of compliance; if we fall out of compliance,
would we potentially see more builders remedy projects built; what tools
do residents have if their neighbor wants to add to their property and the
neighbor is not in favor.
Considerable discussion ensued on topics including, but not limited to:
support limitations on lot consolidation; proposed a small lot overlay for
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builders who only wanted to build on one lot, instead of lot consolidation;
incentivize small lot development for mixed-used projects in corridors;
slow things down as much as possible, so that the community can catch up
and feel like they’re a part of this discussion; the issue is developers against
the residents, and affordable housing versus market housing; developers
need to be more thoughtful when designing housing; affordability is not
just about housing, it’s about affordability in the community; figure out a
way to keep the character of the community and consider those who live in
the community; in favor of lot consolidation, if it’s going to become a park;
if we’re going to keep equity and diversity in this community, it has to be
about the community and local community businesses; bifurcate Main
Street between Ocean Park and Navy for lot consolidation to not go beyond
6,000 sq ft.; there hasn’t been a real commercial plan for those on Pico
Blvd; how to prioritize residents for new affordable housing units; how to
give homeownership to those who are local residents; create a more robust
homeownership program, not just affordable housing; there should be some
type of required notification for neighbors and property owners whenever
their property is being upzoned or zoning changes occur; how to develop a
local workforce to keep those who live here to work in the city; create
workforce housing; keep the 20% inclusionary and revisit in six months; if
we do not build affordable housing, more residents in the community will
be displaced; if we are truly committed to building an affordable
community, we are going to have to build more housing.
Motion by Councilmember Brock, seconded by Councilmember Torosis,
to: 1)Adopt a finding that the proposed amendments to the LUCE, DCP,
BAP, and Zoning Ordinance, LUCE designation map, and Zoning
Districting Map, LUCE designation map, and Zoning Districting Map 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); 2) Adopt a
finding that the proposed extension of the Urgency Interim Zoning
Ordinance are categorically exempt from the provisions of the CEQA
pursuant to Section 15061(b)(3) of the State Implementation Guidelines
(common sense exemption); and, 3) Adopt a Resolution Amending the
Text of the Land Use and Circulation Element of the General Plan for
Consistency with the Goals, Policies and Programs set forth in the 6th
Cycle (2021-2029) Housing Element.
The motion was approved by the following vote:
AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre,
Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
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Motion by Councilmember Zwick, seconded by Councilmember Brock, to
adopt a Resolution Amending the Text of the Bergamot Area Plan for
Consistency with the Goals, Policies and Programs set forth in the 6th
Cycle (2021-2029) Housing Element, with the amendment to upzone the
one square block of the CCS between Berkeley Street and Stanford Street,
Pennsylvania Avenue and Nebraska Avenue to what was proposed as a
3.25 Floor Average Rate (FAR) and 70 feet, while still preserving the step
down between that and the R2 zones in the rest of the CCS. The motion
was approved by the following vote:
AYES: Councilmembers de la Torre, Torosis, Brock, Zwick,
Mayor Pro Tem Negrete, Mayor Davis
NOES: Councilmember Parra
ABSENT: None
Motion by Councilmember Brock, seconded by Councilmember de la
Torre, to adopt a Resolution Amending the Text of the Downtown
Community Plan for Consistency with the Goals, Policies and Program set
forth in the 6th Cycle (2021-2029) Housing Element. The motion was
approved by the following vote:
AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre,
Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
Motion by Councilmember Brock, seconded by Councilmember de la
Torre, to introduce for First Reading of an Ordinance Amending the Text of
the Zoning Ordinance for Consistency with the Goals, Policies, and
Programs set forth in the 6th Cycle (2021-2029) Housing Element; for
Consistency with Updates to State Law Related to Housing Production and
Minimum Parking Requirements; and to Make Minor Changes,
Clarifications and Corrections Including Modifications to Parcel Coverage
Limitations for Existing Structures in the R1 (Single-Unit) District and
Modifications to the Standards for Accessory Structures, with an
amendment for housing projects consolidation of lots on Main Street north
of Ocean Park up to 15,000 sq ft., south of Ocean Park up to 11,000 sq feet,
and for commercial development projects would be limited to 6,000 sq ft.
Substitute motion by Mayor Davis, seconded by Councilmember Torosis,
to adopt the staff recommendation to introduce for First Reading of an
Ordinance Amending the Text of the Zoning Ordinance for Consistency
with the Goals, Policies, and Programs set forth in the 6th Cycle (2021-
2029) Housing Element; for Consistency with Updates to State Law
Related to Housing Production and Minimum Parking Requirements; and
to Make Minor Changes, Clarifications and Corrections Including
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Modifications to Parcel Coverage Limitations for Existing Structures in the
R1 (Single-Unit) District and Modifications to the Standards for Accessory
Structures.
The substitute motion failed by the following vote:
AYES: Councilmembers Torosis, Zwick,
Mayor Pro Tem Negrete, Mayor Davis
NOES: Councilmember de la Torre, Brock, Parra,
Mayor Pro Tem Negrete
ABSENT: None
The main motion, with amendments was approved by the following vote:
AYES: Councilmembers Parra, Brock, de la Torre,
Mayor Pro Tem Negrete
NOES: Councilmembers Zwick, Torosis, Mayor Davis
ABSENT: None
Councilmember Zwick stated his no vote was because under current
building standards, 15,000 sq. ft. is necessary and anything less would
present a severe constraint on housing production, potentially conflicting
with our Certified Housing Element, and is nervous that this will make us
run afoul of HCD and potentially the Attorney General as well.
Mayor Davis stated her no vote in agreement with Councilmember Zwick,
but also sees no reason to bifurcate between north of Ocean Park and south
of Ocean Park. She thinks they are both equally charming and
discriminating between one and the other makes no sense.
Councilmember Torosis stated her no vote is in agreement with
Councilmember Zwick and Mayor Davis, and that this could potentially
pose a constraint on housing and is concerned that we will be deemed out
of compliance.
Motion by Councilmember de la Torre, seconded by Councilmember Parra,
to: 1) adopt a Resolution Amending the General Plan Land Use Map for
Consistent Designation of Identified Parcels; and, 2) Introduce for First
Reading of an Ordinance Amending the Official Districting Map for
Consistent Designation of Identified Parcels, omitting properties located at
1808 34th Street, 1811 24th Street and 1811 Warwick Avenue.
The motion was approved by the following vote:
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AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre,
Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
Introduce for First Reading of an Ordinance Amending the Official
Districting Map for Properties Located at 1811 Warwick and 1808 34th
Avenue, was not considered or voted on.
Motion by Councilmember Torosis, seconded by Councilmember Zwick, to
Introduce and Adopt an Emergency Interim Zoning Ordinance to extend
interim regulations established by Emergency Interim Zoning Ordinance
Number 2633 (CCS) and amended and extended by Emergency Interim
Zoning Ordinance Numbers 2645, 2692, and 2699 (CCS) to increase
thresholds for review of one hundred percent affordable housing projects
and certain Tier 2 housing projects subject to the Housing Accountability
Act by Administrative Approval. The motion was approved by the
following vote:
AYES: Councilmembers de la Torre, Torosis, Brock, Parra, Zwick,
Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: None
Motion by Councilmember Zwick, seconded by Mayor Davis, to direct the
City Manager in coordination with the Director of Community
Development and the Fire Chief to incorporate the Principles of Walkable
and Beautiful Mixed-Use Streets embodied by a Livable Communities
Initiative (LCI) in studying new development standards and building code
updates that would apply exclusively to a small lot 7500 square feet mixed-
use developments on commercial corridors, and that this proposed small lot
overlay should explore vertical shared access with additional fire safety
measures above three stories, new out-of-court and open space standards
that allow for interior courtyards and lightwells to provide light to
residents, reduced impact fees and objective design standards developed in
consultation with neighborhood groups, further that the City Manager and
staff shall report back to City Council within 180 days on progress towards
the development of the new standards.
Councilmember Brock proposed a friendly amendment to not give a time
limit to staff to return, but to support them coming back with a study to
Council. The motion was considered friendly to the maker and seconder.
Councilmember de la Torre proposed a friendly amendment to ask staff to
engage with all stakeholders including existing neighborhood groups,
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business improvement districts, property owners, residents, and all other
stakeholders within the city who might have an opinion about this, and who
would also like to see some development, and making sure that as they go
through this process that they look at ways to enliven the boulevards using
some of the processes suggested by LCI that would make the businesses
there even more attractive to residents and businesses.
The maker of the motion amended the motion to broaden direction to staff
to study new development standards that would apply exclusively to small
lot mixed-used developments, and bring it back for further consideration.
The amended motion was considered approved by the seconder. The
motion was approved, with Councilmember Parra voting no.
Motion by Councilmember de la Torre, seconded by Mayor Pro Tem
Negrete, to direct staff to examine the possibility of rent to own or
affordable home ownership as part of the Affordable Housing associated
with Measure GS funds.
Mayor Davis proposed a friendly amendment to not only examine the
technical possibility of doing this, but also the costs (financial analysis) to
incorporate a program like this. The amendment was considered friendly
by the maker and seconder.
Councilmember Torosis proposed a friendly amendment to explore what’s
happening in the context of the new Housing and Homelessness department
that staff has been directed to proceed with, but that would be separate from
Planning and the Housing Element. Look at Tenant Opportunity to
Purchase Act (TOPA), link up with sister jurisdictions who are looking into
this to see how we can leverage some of the resources to see how it’s
already been done, and that we explore the opportunities around land trust
model as a vehicle for shared wealth. The amendment was considered
friendly by the maker and seconder.
The motion was unanimously approved by voice vote, with all members
present.
CONTINUE MEETING Motion by Mayor Pro Tem Negrete, seconded by Councilmember Zwick,
to continue the Council meeting past 11:00 p.m. The motion was
unanimously approved by voice vote, with all members present.
COUNCILMEMBER
DISCUSSION ITEMS:
COUNCIL RULES
16.A. Request of Mayor Davis that Council direct the City Manager
and/or City Attorney to return with an amendment to the Council
Rules Resolution, Rule 6(s) Councilmember Discussion Items to clarify
that 16 items are to provide Policy direction only, and that staff can
assist in the development of language for a 16 item, but that no
resolutions or ordinances should be developed or drafted until a
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majority of Council gives direction to the City Manager and/or the
City Attorney. The exception would be resolutions for advocacy, was
presented.
Motion by Mayor Davis, seconded by Councilmember Zwick, to approve
the recommendation. The motion was unanimously approved by voice
vote, with all members present.
VISION ZERO PLAN 16.B. Statistics demonstrate that automobiles are the leading cause of
death for children aged 5-14 in LA County and Santa Monica has
adopted a Vision Zero plan to eliminate all traffic fatalities and severe
injuries, while increasing safe, healthy, equitable mobility for all. To
this end, the following is a request of Councilmembers Zwick and
Torosis that the City Council direct the City Manager to report back in
60 days on the cost and timeline for the implementation of a pilot
program augmenting the city's Vision Zero plan with safety-enhancing
signal improvements at select intersections, including:
1. Banning Right on Red at all “scramble” intersections in DTSM,
and other select intersections where data indicates it would improve
safety.
2. Reprogramming traffic signals to operate on "pedestrian recall"
and utilize a Leading Pedestrian Interval (LPI) at 10 priority
intersections as determined by data from Santa Monica’s high-injury
network, as well as data on frequency of pedestrian use, was presented.
Motion by Councilmember Zwick, seconded by Councilmember Torosis, to
approve the recommendation.
Councilmember Brock proposed a friendly amendment to expand the pilot
program to look at intersection that are not signaled that could maybe use
traffic enhancements. The amendment was considered friendly by the
maker and seconder.
The motion, with amendments was unanimously approved by voice vote,
with all members present.
STREET VENDING 16.C. Request of Councilmembers Zwick, Torosis, and de la Torre
that the Council direct the City Manager to ensure that staff engage in
meaningful consultation with persons authorized to vend pursuant to
SMMC sections 6.36.030(f) and (g) regarding implementation of and
proposed changes to sidewalk vending policies in the City. Specifically,
staff are to arrange for such consultation in a culturally competent and
linguistically appropriate manner to achieve meaningful engagement
and input when substantive changes to vending policies are being
considered that address time, place, and manner regulations or
alterations to permitting or enforcement policies and practices. Such
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consultation should include, but not be limited to, in-person meetings,
notices and solicitation of feedback via e-mail and/or mail, and
production of outreach materials to be distributed by staff in the field.
This consultation should include advance written notice to all
permitted vendors with at least a 20-day period of public comment
following the solicitation of vendor input prior to making substantive
changes to Sidewalk Vending Administrative Regulations or placing
proposed changes on the Council agenda. Staff shall ensure that
engagement is conducted in English and Spanish through bilingual
written materials and presence of a Spanish language interpreter at
vendor engagement meetings and Council meetings when vending
policies are being considered. City staff is further directed to engage in
ongoing dialogue with its permitted sidewalk vending community
regarding several items of importance—including vending cart
compliance, enforcement practices, enhanced signage, expanded
opportunities and zones for permissible vending, and methods of
allocating designated spaces to vend—to ensure a thriving and
inclusive Santa Monica for all, was presented.
Motion by Councilmember Zwick, seconded by Councilmember Torosis, to
approve the recommendation. The motion was approved by the following
vote:
AYES: Councilmembers Zwick, Torosis, de la Torre,
Mayor Pro Tem Negrete, Mayor Davis
NOES: Councilmembers Parra, Brock
ABSENT: None
ADJOURNMENT On order of the Mayor, the City Council meeting adjourned at 1:03 a.m.
ATTEST: APPROVED:
Denise Anderson-Warren Gleam Davis
City Clerk Mayor
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