CITY OF POMONA
COUNCIL REPORT
January 24, 2022
To: Honorable Mayor and Members of the City Council
From: James Makshanoff, City Manager
Submitted By: Mark Gluba, Deputy City Manager
Hugo Medina, Code Compliance Supervisor
SUBJECT: Update regarding Sidewalk Vending Enforcement Activities RECOMMENDATION:
It is recommended that the City Council:
View staff’s presentation on sidewalk vending enforcement activities; Review the information contained therein and,
Receive and file this report.
EXECUTIVE SUMMARY:
Effective January 1, 2019 SB 946 made the regulation and criminalization of sidewalk vending a matter of Statewide concern. In brief, a city or county may no longer prohibit or regulate sidewalk vending in the public right-of-way or in public parks except in accordance with California Government Code sections 51038 and 51039. Absent local regulations that substantially comply with these statutes, a city may not cite, fine, or prosecute a person for sidewalk vending in violation of a local ordinance.
A violation of local ordinance would be punishable only by an administrative fine, pursuant to an ability to pay determination. SB 946 also would require the dismissal of any criminal prosecution under any local ordinance or resolution regulating or prohibiting sidewalk vendors that have not reached final judgement.
FISCAL IMPACT: None.
PREVIOUS RELATED ACTION:
October 21, 2019, the Pomona City Council adopted Ordinance No. 4270 pertaining to sidewalk vending, to establish sidewalk vending rules and regulations in accordance with Senate Bill 946.
DISCUSSION:
The City has been increasingly inundated with sidewalk vendor activity, and associated complaints, since the passage of Senate Bill 946. This legislation decriminalized the activity and made it a matter of State concern. In response to this legislation, the City has adopted an SB 946 Sidewalk Vending Ordinance and associated enforcement actions, including progressive administrative citations, up to the maximum allowed by the State. Unfortunately, the punitive measures allowed by the State law often do not serve as a sufficient deterrent to eliminate the unauthorized activity.
The City has continually conducted enforcement details, including several coordinated efforts with LA County Health to address non-compliant vendor activity. However, these measures have not been sufficient in dissuading the activity. This problem is occurring to various degrees throughout the region and the State. Recent practices in jurisdictions located in other counties have expanded to confiscation and impounding of illegal vendor equipment. However, LA County Health has adopted a policy of only confiscating food during enforcement details, which often enables the vendor to continue the illegal activity later that same day. Due to enforcement backlash on the matter in many LA County communities, several cities have ceased conducting details with the Health Department.
Pomona has repeatedly conducted enforcement details while delicately balancing provisions of the State law, Health Department practices, the rights afforded to these vendors as a result of the law and City liability. Enforcement details have been a politically polarizing subject in many communities, including Pomona.
There is clearly a significant demand within the community for the goods being offered. However, Code Compliance continues to receive a significant number of complaints about the activity from residents. The issuance of administrative citations for continued unauthorized vendor activities, often at the same locations Citywide, have given the reporting parties the perception that Code Compliance staff is not taking sufficient actions to abate unpermitted conduct. However, additional corrective or punitive measures are not within staff’s authority under the parameters of SB 946.
Staff has been active in conversation with State legislators and the League of California Cities regarding the untenable situation created by SB 946.
The attached presentation provides the timeline and development process of the City’s Sidewalk Vending Ordinance as well as the most recent figures regarding enforcement details, citations issued and violation payments received by the City for unpermitted sidewalk vending activities.
ATTACHMENT:
Attachment No. 1 – PowerPoint Presentation Regarding Sidewalk Vending Enforcement Update on Sidewalk Vending Enforcement Activities