City Council
Report
City Council Meeting: August 23, 2022
Agenda Item: 10.B
1 of 8
To: Mayor and City Council
From: David White, City Manager, City Manager's Office, Administration Subject: Introduction and First Reading of an Ordinance Modifying City Sidewalk Vending to Allow for Stationary Vending with 100-500 Foot Perimeter to Santa Monica Pier by Permitted Vendors
Recommended Action
Staff recommends that the City Council introduce for first reading the attached ordinance amending Santa Monica Municipal Code Sec. 6.36.040 to expand opportunities for stationary sidewalk vending.
Executive Summary
In response to the passage of Senate Bill (SB) 946 decriminalizing sidewalk vending, Santa Monica was one of the first cities in California to implement a vending permit program. Today over 180 vendors are licensed in the City. However, after continued proliferation of unpermitted vending around the Pier and heightened community concern following several public safety incidents involving unpermitted vendors, in December 2021, the Council directed the City Manager to return with a study session focused on the citywide response to sidewalk vending in Santa Monica. The Council held a study session on February 22, 2022 and gave direction to staff to continue its coordinated enforcement approach focused on public safety and health, while exploring opportunities to expand economic opportunities for our local, permitted vendors and working with stakeholders to reduce the barriers to entry for those who seek to vend lawfully in Santa Monica.
In response to Council direction along with feedback and advocacy from current permitted vendors in Santa Monica, staff is recommending a relatively modest but 2 of 8
meaningful modification to the City’s local sidewalk vending ordinance that would allow for stationary vending in the 100-to-500-foot “buffer zone” (Attachment A) at the southern end of Palisades Park—a busy and economically desirable area where only roaming vending is currently allowed. If Council approves, staff would work to implement a rotational space allocation system for permitted stationary vending within this area to provide equitable access to lucrative vending opportunities in this area. Staff would also advance further outreach and policy measures to expand opportunities for sidewalk vendors as presented below.
Background
SB 946
On September 17, 2018, then-Gov. Jerry Brown signed SB 946 (Attachment B), which decriminalized sidewalk vending across California. The intent of the law was to create entrepreneurial and economic development opportunities for immigrant and low-income communities; increase access to culturally significant food and merchandise; contribute to a safe and dynamic public space; and promote the safety and welfare of the public by encouraging local authorities to support and properly regulate sidewalk vending. The law established the legality for both stationary and roaming vending to occur. Under SB 946, cities were not allowed to adopt requirements imposing certain regulations on the time, place, and manner of sidewalk vending, without first establishing a permitting program and making findings due to objective health, safety, and welfare concerns. In April 2019, the City Council adopted an ordinance (Attachment C) establishing a local permitting program for sidewalk vending in Santa Monica that balanced public health while expanding opportunities for micro-entrepreneurs. Santa Monica was one of the first cities in the state to develop a vending program, and today over 180 vendors are legally permitted to vend in Santa Monica.
In August 2021, following a rise in crowds and commercial activities after many months of stay-at-home orders due to the COVID-19 pandemic, the City Council approved an emergency ordinance (Attachment D) to address public safety and environmental risks arising from unlawful commercial activity around the Santa Monica Pier. The ordinance applies to all persons, including sidewalk vendors, and prohibits the use of unpermitted 3 of 8
combustible fuels on or within 25 feet of the Pier, the dumping of commercial trash in public receptacles, and the disposal of liquid waste in public spaces and storm drains. In February 2022, the City Council amended the combustible fuels ordinance to also prohibit the possession of combustible fuels on or within 25 feet of the Pier.
Pier Task Force/DaRT Update
Since the inception of the City’s permitted vending program in 2019, staff have prioritized educating vendors about our permit program and have sought voluntary compliance with our local health and safety laws. Unfortunately, some vendors have been unwilling to obtain the proper permits and, when permitted, move to the ample locations where it is permissible to vend. Thus, enforcement remains a necessary tool given the dangers to public safety and health. Our enforcement efforts are a collaboration between our Fire Department, Code Enforcement, Police Department, City Attorney’s Office, and the Los Angeles County Department of Public Health, the lead agency on proper food handling and permitting. The team has formalized into a unit known as the Directed Action Response Team (DaRT), formerly known as the Pier Vending Task Force. Beyond checking for the appropriate permits, licensing, and location of vending activity, DaRT has also focused on addressing the prohibited use of combustible fuels and dumping of liquid and other waste that present serious dangers to the wooden Pier and coastal environment.
When engaging with vendors in the Pier and Beach areas, the consistent approach of the Code Enforcement, Police Department, and Fire Department personnel assigned to DaRT is to lead with a focus on education and outreach. Indeed, DaRT members complete hundreds of contacts with permitted and unpermitted vendors each week, advising them of the health and safety requirements and local permit regulations, while connecting them to City resources to support permitting efforts and distributing outreach bilingual materials. Since the program’s inception, the City had held bilingual townhalls to educate vendors on the City’s sidewalk vending program and the subsequent changes that have been made. Code Enforcement and DaRT personnel have also distributed hundreds of pages of bilingual written materials advising vendors of the local regulations and how to become a permitted vendor if they have not already done so. 4 of 8
Enforcement activities are undertaken when necessary to protect public safety and health. Over the last three months, the team has completed 101 unpermitted vendor confiscations totaling well over 1200 pounds of food product that was unsafe for human consumption, have issued 149 administrative citations, conducted 145 traffic stops and have removed 59 encampments from along our beaches. The team has made 29 arrests for a variety of criminal offenses such as human trafficking, firearm possession, parolees at large, assault with deadly weapon, drug possession, robbery, no bail warrants for violent offenses, chronic vending and violation of court orders.
The ability of the DaRT to have an immediate and consistent presence on the Pier and beach lots ameliorate the crowding, safety and access issues that are common in this highly trafficked area. At its meeting on June 28, 2022, Council adopted a FY 2022-23 Budget that included funding for DaRT for another year.
Legislative Advocacy
This legislative session, two bills have been introduced in the California State legislature that aim to streamline the permitting process for sidewalk vending and lower the barrier to entry for micro-entrepreneurs while allowing for modest amendments to the allowable enforcement provisions under SB 946. SB 1290, sponsored by the City and authored by Senator Ben Allen, would have made modest amendments to SB 946 to assist cities in deterring unpermitted vending by allowing local jurisdictions to impose increased fines on the fourth repeat violation or beyond. However, Sen. Allen ultimately amended his bill down to reduce it to a “study bill” that would direct the state’s GO-BIZ office to study and report back by January 1, 2025, on the extent of noncompliance with local vending ordinances and recommendations for any needed legislative changes. Unfortunately, the bill was held on the suspense file in the Assembly Appropriations Committee and is now dead for the legislative session. It will need to be reintroduced in January 2023 if Senator Allen chooses to pursue similar legislation next legislative session.
SB 972, authored by Senators Lena Gonzalez and Maria Elena Durazo and sponsored by sidewalk vendor advocates, is an attempt to reform the California Retail Food Code to enable microentrepreneurs to more easily obtain a health permit and thus lessen the 5 of 8
barriers to entry to sidewalk vending. The City currently has a support if amended position on the bill and has been working with a coalition led by CalTravel along with other cities and the state’s environmental health inspectors to strengthen the bill’s enforcement provisions given our significant concerns that, should SB 972 pass and be signed into law, it could exacerbate some of the challenges with unpermitted food vending effectuated by SB 946. The bill has also passed out of the Senate and will also be heard in the Assembly Appropriations Committee in August.
Outreach & Communications
The City has launched a new comprehensive vending homepage on the City’s website, santamonica.gov/vending, to create seamless access to information in English and Spanish on all vending opportunities in Santa Monica, step-by-step guidance on how to obtain a sidewalk vending permit, information on the City’s enforcement efforts, and an FAQ section. The City is improving signage on the Pier with every change to the vending ordinance, sharing timely content on social media, and proactively engaging the media. Staff have also made significant efforts recently to highlight some of the success stories of our local permitted vendors and their businesses.
Past Council Actions
Meeting Description
04/09/2019
(Attachment B)
Adoption of Santa Monica Sidewalk Vending Ordinance
08/24/2021
(Attachment C)
Adoption of Modifications to the Sidewalk Vending Ordinance 2/22/22
(Attachment D)
Study Session on Sidewalk Vending
Discussion
At their February 22, 2022 Study Session, Council provided feedback to staff that included exploring the creation of designated locations for permitted vending in close proximity to the Santa Monica Pier, identifying ways to support local residents in pursuing new entrepreneurship opportunities, continuing work to advance State legislation related to sidewalk vending, renewing outreach and education efforts 6 of 8
regarding our permit program, exploring expansion of the Licensed Pier Cart Vending Program and reviewing any opportunities to continue to reduce the barriers to meeting the requirements of our Sidewalk Vending Permit Program.
Under the City's current vending ordinance, there is a prohibition on stationary vending in the 100–500-foot “buffer zone” of Palisades Park north of the top of the Pier bridge.
Only roaming vending is permitted in this area. Following direction from Council at the study session and in response to feedback from current permitted vendors, staff is recommending a modest change to the vending ordinance that would also allow for stationary vending in the current 100-500-foot buffer zone, which is a highly trafficked and economically desirable area for vending. Staff is proposing the identification of several fixed locations in Palisades Park. Pending direction from Council, staff will continue to engage the City’s current permitted vendors to develop a rotation-based space allocation system to enable those vendors to have equitable access to this highly desirable area for sales and implement this space allocation system via the Chapter
6.36 administrative regulations.
In addition to allowing for stationary vending in the 100-500-foot buffer zone, permitted sidewalk vendors have expressed a desire to obtain a fixed location on the Pier itself where it would be permissible for them to vend, and have inquired about opportunities to become a licensed Pier Cart vendor through the City’s existing, long-standing program. The RFP for the Pier Licensed Vending Cart program is expected to be open before the end of the calendar year, and staff will strive to identify additional locations on or immediately adjacent to the Pier where additional carts could be added to the program, and current licensed sidewalk vendors could apply for the opportunity to be a City-licensed tenant.
Potential Physical Improvements to Vendor Locations
Through conversations with vendors and others, staff have also identified modest physical enhancements, which, when made, could provide a level, designated space for a vendor and their cart. The cost of providing fixed locations within the 100-500 foot buffer zone in the short term would be minimal (approximately $2,000/space), but 7 of 8
funding would need to be identified for design and implementation. Staff is investigating a range of cost-effective solutions from decomposed granite to a reinforced concrete honeycomb structure, to a more substantial installation of paving stones. If a temporary implementation is successful, these areas could be incorporated into a future CIP enhancement for the repaving of the pedestrian circulation and drainage network in Palisades Park, which was deferred during the FY22/23 budget process.
Vendors have also reported to staff concerns related to safety in Palisades Park and have inquired whether lighting modifications could be made that would further protect public safety in this area. Lighting modifications would be more challenging to implement, and more costly, as the current electrical wiring that services the standards in Palisades Park would need to be replaced for the entire network of historic lighting fixtures. Staff will continue to explore the feasibility and cost of lighting modifications and consider a future CIP submission once those costs have been finalized.
Next Steps
Pending Council direction, staff will update the Sidewalk Vending Administrative Regulations to ensure consistency with the adopted updates to the vending ordinance.
All materials will be translated into Spanish and will be made available on the City’s webpage. Staff will also hold in-person town hall meetings for the City’s permitted vendors and other interested parties to ensure they are informed about the updates to the ordinance and new opportunities for stationary vending in Palisades Park and a potential expansion of the Pier Cart Vending Program.
Financial Impacts and Budget Actions
The monthly vending cart license fee for a cart operating under the Pier Vending Cart Program varies based on seasonality but is approximately $20,000 per year. The City currently receives approximately $284,000 per year from the Pier Vending Cart program and these funds are included in the Pier Fund Budget. Depending on the number of additional carts added to the Pier Cart Vending Program, a revenue adjustment would be made to reflect the additional anticipated revenue from the new tenants. 8 of 8
Prepared By: Stephanie Venegas, Council Office & Legislative Affairs Liaison Approved Forwarded to Council
Attachments:
A. Buffer Zone
B. California SB 946: Safe Sidewalk Vending Act (Web Link) C. April 9, 2019 Staff Report: Comprehensive Sidewalk Vending Program and Emergency Ordinance (Web Link)
D. August 23, 2021 Staff Report: Emergency Ordinance on Public Safety & Environmental Risks Arising from Unlawful Commercial Activity around Santa Monica Pier (Web Link)
E. February 22, 2022: Study Session on Citywide Response to Sidewalk Vending (Web Link)
F. Chapter 6.36 with Pali Park Authorization