4/18/23 #9
Action on Policy Options
to Amend Regulations
Related to Street Vending
Activities in the City of
Santa Clara
CI
1852
THE MISSION CIN
Item #9 - Report to Council 23-211
April 18, 2023
1 City of
Santa Clara
The Center of What's Possible
History
• Existing City Codes (Ch 3, 5, 8) prohibit roaming or stationary unpermitted businesses • SB 946 (January 2019) decriminalized sidewalk vending and imposed restrictions on manners in which enforcement could occur
• January 2019 the City Attorney's Office authored a Memorandum to the Police and Parks and Recreation Departments addressing SB 946
• Late-2022 through early-2023, Mr. Gibbins spoke to City Council regarding permit enforcement of sidewalk vendors around Levi's Stadium on event days; City staff met with Mr. Gibbins At the January 31, 2023 City Council meeting, the Council directed staff to provide an update at a future meeting regarding Mr. Gibbins' concerns, including the Police Department's constraints on permit enforcement
2 POST MEETING MATERIAL 1
City of
Santa Clara
The Center of What's Possible
Overview of SB946
• Specific scope: Food/merchandise sold from a non-motorized stand/cart upon public sidewalk or other pedestrian path
• No public sidewalk limitations except to address obj. health, safety, welfare (HSW) concerns • Other allowable regulations differ depending on location and circumstance • Generally cannot limit total number of vendors in the City • Generally, time/place/manner restrictions are allowed, but must be based on HSW No criminal penalties, administrative citations only, per a set fine schedule. "Ability to pay" determination process must be created, with statutory ability to reduce fine by up to 80%. 3 City of
Santa Clara
The Center of What's Possible
Challenges
• The current City Code does not align with recently adopted legislation • The City has identified numerous health, safety and welfare concerns associated with the operation of sidewalk vendors without time, place and manner restrictions • SB 946 details multiple constraints by location
- General
- Parks
- Farmer's Markets and/or Swap Meets
- Temporary Special Permit Areas
• Even with permissible restrictions enacted, repercussions for a violation will be inconsequential
4 2
City of
Santa Clara
The Center of What's Possible
Health and Safety Concerns
• Numerous health, safety, & welfare concerns exist with unregulated vendors on sidewalks, public right of ways, in City parks, and on private property (e.g., parking lots), including:
- Encroachment of public spaces and concerns of sidewalk access and public right of way - Impediment to pedestrian, bicycle, pedicab, and vehicular traffic, in particular during egress at large events - Unsafe food preparation, maintenance, and handling practices - Inadequate waste disposal
- Vulnerable population subject to street crimes
- Labor / employment law violations
5 City of
Santa Clara
The Center of What's Possible
Levi's Stadium Area - Additional Concerns
- Location of sidewalk vendors not incorporated into emergency evacuation or traffic management plan - Propane tanks, causing explosive concerns if ignited in highly populated area - Hot, greasy cooktops without structures for safety clearances and required fire extinguishing devices - Massive groups congregating, particularly near gates, bridges, parking lots, crosswalks, sidewalks, etc. - Lines causing people to interrupt ADA paths and pedestrian, bicyclist and pedicab traffic - Intoxicated attendees causing fights connected with massive groups traveling through narrow paths - Sizeable amounts of cash being exchanged and potential for crime - Sanitary issues, including but not limited to garbage, access to water for hand cleaning, etc. - Merchandise sales of counterfeit, unsafe or inappropriate items (e.g., flares) - Alcohol being sold without Alcoholic Beverage Control permits - Concerns of legitimate employment practices
City of
Santa Clara
The Center of What's Possible
Policy Options
#1 - Prepare a temporary ordinance amendment and permit process for stadium event days that would define areas where sidewalk vending could not occur due to health and/or safety concerns, within a to-be-determined stadium footprint. The Ordinance would also contain provisions to prohibit vending in parking lots associated with the stadium event. The emporary Ordinance would be established for a pilot period of August 2023 to Januar 024 to evaluate impacts. At that time, the Police Department would return to the City Counc with recommendations for implementation for the 2024 concert and NFL seasons, as well as how the Ordinance may need to be amended to apply in other areas of the City such as City parks.
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City of
Santa Clara
The Center of What's Possible
Policy Options (continued)
#2 - Direct staff to develop an Ordinance amendment to address sidewalk vending City- wide to align City Code with current sidewalk vending legislation. In this scenario, vending would be regulated and enforced throughout all areas of the City. #3 - Direct staff to eliminate all unenforceable City Code sections related to sidewalk vending (and include minor modifications to enforceable provisions of the code as necessag, local cerally defer to State law on the matter, without and 9 City of
Santa Clara
The centero his Possibe
Recommendation
Direct staff to proceed with Option #1:
Proceed with a pilot program in the area of Levi's Stadium from August 2023 through January 2024, with the Police Department returning to City Council with recommendations for implementation for the 2024 concert and NFL seasons, as well as how the Ordinance may need to be amended to apply in other areas of the City, such as City parks. 10 5
April18, 2023
Item it 9
OST MEETING MATERIAL
LeVIS
STADIUM
POST MEETING MATERIA