CITY OF COMMERCEAGENDA REPORTCITY OF COMMERCEAGENDA REPORT
CITY OF COMMERCE
AGENDA REPORT
CITY OF COMMERCE
AGENDA REPORT
TO: Honorable City Council
FROM: City Manager
SUBJECT: Letter of Opposition to SB 972 (Gonzalez) Sidewalk Food Vending Meeting Date: JULY 12, 2022
RECOMMENDATION:
The City Council will consider staff’s recommendation to authorize the issuance of a letter of opposition to SB 972 (Gonzalez) Sidewalk Food Vending.
BACKGROUND:
In September 2018, the State Legislature approved Senate Bill 946 that prohibits a city from regulating “sidewalk vendors”, a city may not cite, fine, or prosecute a sidewalk vendor for a violation of any rule or regulation that is inconsistent with SB 946 beginning January 1, 2019.
In December 2018, City Council approved Urgency Ordinance No. 705. The ordinance proposed to amend previous City Municipal Code that enabled the City to control its sidewalks and public rights of way, while being consistent with SB 946. The Urgency Ordinance consisted of having new provisions for permit requirements that follows objective health, safety, and welfare concerns. The amendment to the Code set operational standards and requirements to protect the public safety, health, and welfare of the resident.
In January 2019, City Council passed Ordinance No. 705 to amend Section 5.05.010 of the Code concerning permit requirements as they relate to vendors and repealed in its entirety Chapter 5.16 “Vendors” with “Sidewalk Vending.” The Ordinance authorized City Council to impose a sidewalk vendor permit fee in order for the City to recover its costs of processing permit applications and enforcing the updated code.
On October 6, 2020, City Council adopted sidewalk vendor permit fees by resolution to cover the costs of the municipal services and activities required to administer and enforce the Sidewalk Vendor Ordinance and the fee structure necessary to proportionately allocate the costs of executing.
On October 20, 2020, City Council adopted an amendment to the Ordinance No. 705 to provide additional definite guidelines concerning required findings to issue a permit or renewal to the ordinance previously adopted in December 2018. The City included amendments to Chapter 5.16 to establish additional required findings to issue or renew a permit, the term of a permit to be twelve (12) months; the process to renew a permit, and grounds to deny an application for a permit, or the renewal thereof; and to provide additional grounds to revoke a permit.
ANALYSIS:
SB 972 (Gonzalez) Sidewalk Food Vending
The proposed SB 972 (Gonzalez) removes any limits on sidewalk food vending, it will also attempt to remove the barriers to obtain a local health permit.
Furthermore, the bill would:
Eliminate health and safety equipment requirements, such as handwashing stations or water requirements.
Increase the number of meals that can be produced per day under the definition of a “home kitchen” when sold from a mobile food cart.
Prohibit local agencies from pursuing criminal charges for repeat violators who operate a street food cart or home kitchen operation.
Under SB 972, local jurisdictions will be unable to retain their local control over sidewalk food vending, this could pose a significant public health risk. This bill will undermine local jurisdictions responsibilities to enforce local zoning, code enforcement, wastewater, and solid waste management regulations.
Staff recommends that the City of Commerce oppose SB 972 to allow local government to continue promoting and enforcing public health guidelines that help prevent the spread of communicable diseases for the safety of our residents. The City strongly supports the success of business entrepreneurs, however, SB 972 will have significant a impact to our City as it would restrict the City from monitoring and regulating compliance to our Municipal Code (Chapter 15.6).
As it stands, SB 972 will alter the way our city and our partners at the Los Angeles County Public Health Department regulate street food vendors and home kitchen operations by relaxing department health and safety regulations.
Since the adoption of SB 946, the City has adopted and monitored the necessary guidelines to ensure the health and safety of our community. Eliminating the principal requirements for food safety could potentially pose a significant public health challenge to our jurisdiction.
ALTERNATIVES:
Approve staff recommendation; or
Provide further direction to staff
FISCAL IMPACT:
The fiscal impact is unknown at this time.
RELATIONSHIP TO STRATEGIC GOALS:
This agenda item relates to the 2016 Strategic Plan –
Goal #6: "Enhance Quality of Life Goal",
This item seeks to continue providing the necessary regulations to our street vendors that help keep our community safe and healthy.
Respectfully submitted: Approved by: Edgar P. Cisneros, City Manager Approved by: Edgar P. Cisneros, City Manager
Prepared by: Gisselle S. Delgado, Management Analyst
Approved as to form: Noel Tapia, City Attorney
ATTACHMENTS:
Attachment 1: Letter of Opposition