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Staff Report

City Council and Housing Authority
September 21, 2026

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Staff Report
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September 21, 2026
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CITY OF POMONA

COUNCIL REPORT
September 21, 2026
To: Honorable Mayor and Members of the City Council
From: Anita D. Scott, City Manager
Submitted By: Betty Donavanik, Development Services Director SUBJECT: RECEIVE AND FILE A REPORT ON SIDEWALK VENDING REPORTING REQUIREMENTS IN ACCORDANCE WITH POMONA CITY CODE ARTICLE X (SIDEWALK VENDING), SECTION 30-683 (REPORTING) RECOMMENDATION:

It is recommended that the City Council take the following action:

Receive and file a report on Sidewalk Vending Reporting Requirements in accordance with Pomona City Code Article X (Sidewalk Vending), Section 30-683 (Reporting).

EXECUTIVE SUMMARY:

On November 18, 2024, the City Council adopted Ordinance Nos. 4349, 4350, and Resolution No. 2024-155 amending the Pomona City Code to update sidewalk vending regulations and obstructions within the public right-of-way. Pomona City Code (“PCC”) Article X (Sidewalk Vending), Section 30-683 (Reporting) requires that the City Manager annually report to the City Council on the results of implementing and enforcing sidewalk vending regulations. This report covers implementation and enforcement from November 2024 through August 2026.

SB1439/GOVERNMENT CODE §84308 APPLICABILITY:
☐ When this box is checked, it indicates the agenda item is subject to the Levine Act SB1439 requirements.  Councilmembers are reminded to check their campaign contributions and determine whether they have received a campaign contribution of $500 or more that would require disclosure and/or recusal from discussing or acting on this agenda item.  Campaign contributions of $500 or more made 1) by any person or entity who is identified in the agenda report as the applicant or proposer or 2) on behalf of the applicant or participant, including a parent, subsidiary or otherwise related business entity, or 3) by any person who has a financial interest in the agenda item requires a councilmember to comply with SB1439.

FISCAL IMPACT:

As part of education and enforcement efforts, the City Council approved overtime in the amount of $200,000 for Fiscal Year 2024-25 in the General Fund Operating Budget for Code Compliance, Public Works, and the Police Department. There was no General Fund budget allocated for FY 2025-26 or 2026-27 specifically for sidewalk vending enforcement. Each department is utilizing their regular overtime budget for enforcement efforts. The total overtime costs for Code Compliance, Public Works, and the Police Department specifically for sidewalk vending enforcement, including FY 2024-25 through present, have been $309,642. Ongoing sidewalk vending enforcement will be charged to each department’s approved general overtime budget for FY 2026-27.

PREVIOUS RELATED ACTION:

On November 18, 2024, the City Council adopted Ordinance Nos. 4349, 4350, and Resolution No. 2024-155 amending the Pomona City Code to update sidewalk vending regulations and obstructions within the public right-of-way. The City Council’s action protects the public health, safety, and welfare, while accommodating legitimate commercial uses that generally promote an active and social pedestrian environment within appropriate areas within compatible land uses of the City.

DISCUSSION:

Pursuant to PCC Article X (Sidewalk Vending), Section 30-683.a-f (Reporting), below is the City Manager’s report on the results of implementing and enforcing sidewalk vending regulations. This report covers implementation and enforcement from October 2024 through August 2026.

The total number of vending permits issued by the City:

According to Business License data, since the ordinance was adopted, the City has issued a total of 44 sidewalk vending permits. 16 permits are currently active. 18 permits are expired and pending renewal. Six permits are permanently closed. Three permits are inactive. One permit is unprocessed.

Below is a breakdown of permit types:

Flowers - 14
Fruit - 5
Phones - 14
Merchandise – 6
Food – 5 (elotes, hot dogs, tamales, ice cream, baked goods) The total number of vending permits denied and revoked during the prior year:

No sidewalk vending permits have been denied or revoked during the past year. It is important to note that for food vendors, a permit from the LA County Public Health Department is required prior to requesting a sidewalk vending permit from the City. The City does not accept any permit applications for food vendors without proof of LA County Public Health permit.

The total cost to the City to administratively implement and enforce the regulation in this article during the prior year:

The Code Compliance team conducted educational street outreach for 45 days prior to conducting enforcement details. The total overtime costs from October 2024 through the present for street outreach and enforcement details during the evenings and weekends total approximately $309,642 ($127,647 for Code Compliance, $65,917 for Public Works, and $116,078 for Police Department).

The total amount of vending permit fees and administrative fines collected pursuant to this article during the prior year:

Vending Permit Fees:

The total amount of vending permit fees totals $7,832. This is based on the base fee of $159 per permit; vendor permit fee of $15 per permit; and a State fee of $4 per permit. The total cost for a sidewalk vending permit is $178.

Administrative Fines:

There have been 419 administrative citations issued totaling $143,126 in fines. The total amount of citations paid is $7,763.

The total amount of written warnings and referrals to community-based organizations issued pursuant to this article during the prior year:

Prior to the implementation of the new sidewalk vending regulations, the City and the LA County Public Health Department conducted a joint Sidewalk Vendor Workshop on November 6, 2024, to educate the public on the proposed sidewalk vending regulations and permitting requirements. Over 80 vendors were in attendance. Additionally, Code Compliance Division provided street outreach education to sidewalk vendors, informing them of the upcoming regulations and how to obtain permits. The education outreach was conducted for 45 days leading up to enforcement operations. The total number of verbal warnings and referrals to essential organizations exceeds 150 contacts.

On January 13, 2026, the City hosted an additional workshop in conjunction with the LA County Public Health Department and Cal Poly Pomona Community Innovation Hub to aid those interested in sidewalk vending. The workshop had a great turnout with approximately 50-60 people in attendance, and feedback received was that it was beneficial in educating those sincerely interested in sidewalk vending, in accordance with all applicable statutes and regulations.

Workshop flyers and sidewalk vending brochures were also provided to Gente Organizada and Pomona Economic Opportunity Center (PEOC) to assist with outreach.

The total number of claims and lawsuits brought against the City related to sidewalk vending operations.

No claims have been filed during the reporting period. The last claim received was in 2022.

Enforcement Details
Since the implementation of enforcement efforts, the City has conducted 106 enforcement details. Each detail lasted approximately six hours during the evenings and weekends. Prior to any impounding equipment for public right-of-way obstructions, the enforcement team provides vendors with a 30-minute warning to comply. Non-compliance has resulted in 31 equipment impounds for violations, of which four have been retrieved by the vendors. There are no costs for equipment retrieval.

Liability Insurance Requirements
Additionally, City Council has inquired about the City’s insurance requirements compared to other cities. PCC Section 30-675.d.3 requires proof of liability insurance to protect the City from any liability associated with sidewalk vending. Liability insurance protects against bodily injury claims including slip and fall hazards, malfunctioning equipment, product and food safety liability for foodborne illnesses, and property damage coverage from vending carts, hot oil fryers, and heavy displays operating near businesses, parked vehicles, and public infrastructure. Additionally, liability insurance covers the City from accidents that occur on the public sidewalk and injured parties. Without insurance, an accident could completely deplete a small vendor's personal savings. Conversely, an uninsured vendor who lacks assets may be unable to pay for a victim's medical bills, leaving the injured party with catastrophic expenses. Insurance ensures that valid claims are paid out appropriately. Liability insurance can be obtained for approximately $30 per month.

Staff’s research found that liability insurance for sidewalk vendors is a common regulatory practice used by cities in the San Gabriel Valley and Inland Empire to mitigate financial risks, protect the public, and ensure business accountability as sidewalk vending introduces unique risks due to its placement in highly trafficked, public spaces in the public right-of-way adjacent to busy streets. In staff’s research, the City of Los Angeles does not require liability insurance. The County of Los Angeles does not require liability insurance; however, the vendor has to agree to indemnify, defend, and hold harmless the County, its officers, elected officials, agents, and employees from and against all claims, losses, costs, damages, and liabilities of any kind arising from the operation of the vending activities.

COUNCIL PRIORITIES & GOALS:

This item supports the FY 2026-2027 City Council Priority 1: Strengthening Quality of Life and Community Safety.

RECOMMENDATION:

Staff recommends that the City Council receive and file the report on Sidewalk Vending Reporting Requirements in accordance with Pomona City Code Article X (Sidewalk Vending), Section 30-683 (Reporting).

Prepared by:

Betty Donavanik
Development Services Director
J.D. Whitaker
Code Compliance Manager
Sidewalk Vending Report

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