SPECIAL CITY COUNCIL MEETING
October 10, 2023
PRESENTATIONS
Revised Sidewalk Vendor Program
ITEM #4
PH 23-038
Hayward Police Department Year-End Report
1 Strategic Roadmap Priority:
Sidewalk Vendor Ordinance
Ordinance Introduction
October 10, 2023
Rozalynne
Thompson, AICP , Senior Planner and Dulce Ochoa, Assistant Planner Hayward Police Department Year-End Report
2 Project Background
• “Grow the Economy” adopted as one of six strategic priorities in FY 2021-23 Strategic Roadmap
• “Invest in programs that support Hayward business and workers” included as one of five projects identified under “Grow the Economy” Priority
• “Sidewalk Vendor Ordinance” included as one of these
programs
Hayward Police Department Year-End Report
3 Senate Bill (SB) 946 Overview
• Also known as the Safe Sidewalk Vending Act, signed into law on September 17, 2018, by Governor Jerry Brown
• Effective January 1, 2019
• Decriminalized sidewalk vending statewide and imposed limits on local jurisdictions’ authority to regulate sidewalk vending • The intent is to
• promote entrepreneurship and economic development opportunities to low-income and immigrant communities
• Increase access to culturally significant foods and merchandise • Contribute to a safe and dynamic public space
• Preempts any contrary local regulations, requiring any local regulation of sidewalk vending be consistent with SB 946
Hayward Police Department Year-End Report
4 Outreach Efforts
DECEMBER 2022
Informal
listening session
with business
owners
FEBRUARY
2023 - MAY
2023
Internal and
external
stakeholder
meetings held
FEBRUARY
2023
Project webpage
and email
address
launched
MARCH 2023
– MAY 2023
Online survey
made available
to public and
Sidewalk
Vending
Ordinances of
18 jurisdictions
reviewed
APRIL 2023
Canvassing of
sidewalk
vendors and
Council
Economic
Development
Committee
meeting
JUNE 2023
City Council
Work Session
and meeting
with Alameda-
Contra Costa
Transit District
OCTOBER
2023
Draft ordinance
introduction to
City Council
FALL 2023
Ordinance
adoption and
implementation
of program
begins
Hayward Police Department Year-End Report
5 Draft Ordinance and Amendments
• Amend Section 3-5.13 “Use of Sidewalks for Outdoor Dining, Sales, or Food Preparation”
• Add Section 3-5.14 “Sidewalk Vending”
• Amend Section 4-10.03 “Definitions” of the “Aggressive Solicitation Ordinance”
• Repeal Section 6-2.01 “Hand Cart Sells Prohibited”
• Add Chapter 6, Article 16 “Sidewalk Vendors”
• Amend Section 8-1.84 “Peddlers”
• Amend Section 10-1.2735(m)(3) of the Zoning Ordinance • Amend Section 6.24 of the Traffic Code “Selling Merchandise on City Property”
Hayward Police Department Year-End Report
6 Permitting Process
1. Sidewalk Vending Permit - $0
2. City of Hayward Business License - $137
3. General Liability Insurance
4. Mobile Food Facility Permit issued by Alameda County Department of Environmental Health - $500 to $700
*If a sidewalk vendor is selling food, a Mobile Food Facility Permit issued by ACDEH is required to demonstrate compliance with California Health and Safety Code. The ACDEH is responsible for enforcing any violations of the California Health and Safety Code.
Hayward Police Department Year-End Report
7 Recommendation
That the City Council adopts a Resolution supporting the proposed amendments to the Hayward Municipal Code and
introduces an Ordinance amending the Hayward Municipal Code regulating Sidewalk Vendors.